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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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MY DAUGHTER WAS CHARGED WITH BUILDING A METH LAB. SHE IS NOT

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MY DAUGHTER WAS CHARGED WITH BUILDING A METH LAB. SHE IS NOT GUILTY OF THIS, BUT HER FORMER BOYFRIEND AND HIS BROTHER ARE GUILTY. MY DAUGHTER WAS SLEEPING IN THE BASEMENT DEN OF THE HOME WHEN SHE WAS FOUND.THE HOME IS FARTHER AWAY FROM THE WORKSHOP, WHERE THE METH WAS BEING MADE, THAN HOMES IN A SUB-DVISION. SHE HAD NO KNOWLEDGE OF WHAT WAS GOING ON IN THE WORKSHOP BECAUSE HER FORMER BOYFRIEND TOLD HER NEVER TO GO IN THERE WHEN SHE WAS VISITING. THE BOYFRIEND'S GRANDMOTHER WAS ALSO FOUND IN THE HOME YET NO CHARGES WERE FILED AGAINST HER. MY DAUGHTER TOLD THE SHERIFF THAT SHE HAD NO IDEA, SHE WAS CALLED A LIAR. THIS HAPPENED IN ALABAMA.
Submitted: 10 months ago.
Category: Legal
Expert:  Sam replied 10 months ago.
Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

I am sorry to hear of this situation for your daughter.

So at the Prelim, the deputy read from a statement of facts so the the court could get the information on the record. The Judge had the same report in front of them and court have easily have read it - but it had to be read aloud to be on the record

Then she was asked what her plea was - to which I hope she said "not guilty"

The fact that the Deputy who was absent when the Sheriff wrote the report is not hearsay. It happens everyday, multiple times a day all over the country. The facts and matters of what she is being accursed or was placed on the record and it was read directly from a report.


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated
Customer: replied 10 months ago.

DON'T YOU HAVE TO BE AT THE SEEN OF THE METH LAB TO BE CHARGED. A SALIVA SWAB WAS TAKEN SHOWING SHE WAS CLEAN OF ANY DRUGS. THE GRANDMOTHER WAS FOUND IN THE HOME ALSO BUT WAS NOT CHARGED, SHE WAS CLOSER TO THE LAB THAN MY DAUGHTER. AGE DISCRIMINATION? GRANDMOM LIVES THERE 24/7, MY DAUGHTER WAS JUST VISITING, SHE LIVES WITH ME, COLLEGE, WORK IN MY TOWN WHICH IS ABOUT 60 MILES AWAY.

Expert:  Sam replied 10 months ago.

Hello

Not to be charged. Charges and being convicted are two different things. If they wrote charges, then they would have some evidence to show the prosecutor to have them proceed. But they can write charges and then the DA can say I cannot prosecute

Remember, the DA needs the evidence to get a conviction as they must prove their case beyond a reasonable doubt.

I cannot make a judgment as to why the Grandmother was not charged. That is something that your daughters local defense attorney will have to determine. Maybe the Grandmother is going to be a witness for the state.

Again, I am sorry that your daughter got caught up in this situation. But the state has to prove beyond a reasonable doubt.


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated

Customer: replied 10 months ago.

THE JURY DETERMINES IF IT IS BEYOND THEIR REASONABLE DOUBT. THE SHERIFF SAYS SHE IS GUILTY, THE DA IS SAYING SHE IS GUILTY, AND AN 18 PERSON GRAND JURY SAYS SHE IS GUILTY. NONE OF THESE PEOPLE SPOKE WITH HER, SHE IS NOT GIVEN THE RIGHT TO DEFEND HERSELF UNTIL THE TRIAL. IT APPEARS TO ME THAT WHEN IT GOES TO TRIAL THE JURY WILL AGREE WITH ALL OF THE ABOVE JUST BECAUSE THEY SAID. REMEMBER I AM IN ALABAMA, AND THE AREA THIS HAPPENED IN HAS A SERIOUS PROBLEM WITH THESE LABS.

Expert:  Sam replied 10 months ago.

Hello

I am sorry that you feel so disenchanted with the American justice system - still the best in the world even with all its flaws, in my most humble opinion. And it is the only one we have.

However, she does not have to have a trial by jury. That is an option. She can have a Bench trial and that means one person - the judge - determines if there is enough evidence to convict.

I suggest the only way that you will know what all the evidence is to have a local attorney or the Public Defender get all that information from the Prosecutor in a Discovery proceeding.

Then and only then can your daughter decide what she needs to do.

Unfortunately, there is no magic here - no magic in the law that can make this go away for her.

She will have a chance for a defense, but there are proceedings that have to happen.


Customer: replied 10 months ago.


GUILTY UNTIL PROVEN INNOCENT IF YOUR LUCKY. SHE IS LOOKING AT 20 YEARS IN PRISON JUST BECAUSE SHE WANTED TO VISIT HER BOYFRIEND. SHE HAS NO PRIORS AND THE LAWYER SUGGESTED SHE PLEAD GUILTY AND POSSIBLY GET PROBATION. THERE IS PRE-TRIAL INTERVENTION HERE BUT UNLESS THE DA DROPS THE CLASS A FELONY SHE IS NOT ELIGABLE FOR IT. I AM AFRAID FOR HER, SHE IS AFRAID, THE WHOLE FAMILY IS AFRAID FOR HER. HER ARRAINMENT IS COMING IN JANUARY 2014 AND I HOPE I CAN STAY CALM UNTIL THEN. THANKS FOR YOUR INPUT BUT IT DOESN'T HELP MY NERVES MUCH.

Expert:  Sam replied 10 months ago.
Hello

I am sorry that this situation has presented herself.

I suggest that knowing what the evidence is or the lack of evidence is may put your mind at ease. I suggest that she needs a local attorney to get that information.

I am sure it is very scary and unnerving. But you need to take it one step at a time. Unfortunately, there are just some things that cannot be rushed - like a pregnant women cannot rush the 9 months. It has to run it's course no matter how uncomfortable it becomes.
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 21853
Experience: 20 years of experience practicing law.
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