My ex had a 2nd degree felony back in 1996. Of course, he has served out this sentence
In 2011, he was arrested for possession <1g and served a one year "state jail" felony sentence.
In May of 2014, he was again arrested for possession <1g.
BEFORE he pled to that case (which was 6-month "state jail" felony), he was stopped by the police and was given a "property" sheet of what they found in his car and they took his phone. They had warrants for both. The policeman told him that if he did not want to spend the rest of his life in jail, he would be a confidential informant for them.
He agreed to help them arrest the person he had been dealing with. This was the only person he knew in this ring.
That person was subsequently arrested and gave the police everyone else they had wanted.
My ex THEN pled to the May 2014 case and served the 6-months.
Upon his release in April of 2015, he did not contact the police officer, because he had gotten everyone he had wanted. The police office did not contact my ex either.
In June of 2015, a warrant was served on my ex and he was arrested for the offense of possession from the stop in August of 2014, when he agreed to be a CI.
Now, the grand jury has indicted him as "on or about" June 6, of 2015 (when in fact it was August of 2014) for the offense of possession with intent to deliver and they have added paragraphs to enhance AND habitual using an offense in 2008 of burglary (which was an offense that our son, by the same name, was convicted and is still on parole for).
What can we do to get the indictment thrown out.?