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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 33763
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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I was arrested on probation violation and then illegally

Customer Question

I was arrested on probation violation and then illegally searched as officer decided to see what else he could throw at me once detained then he found a possession of meth after an hour of searching vehicle I was taken to prosper police dept where I met the detective who said he was gonna help me if I became in informant to get me to confess knowing I had possession after getting out I called and he said that he could no longer help due to previous probation reasons this is my first offence and its been 5 months can he still charge me with the crime?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Dwayne B. replied 2 years ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.

Unfortunately, yes. You can still be charged with the crime so long as you are within the statute of limitations for the charge. Possession of Meth, no matter the amount, will be at least a two year statute of limitations.

The search may be suppressed if it was illegal but that doesn't have anything to do with the charge being made initially.

Customer: replied 2 years ago.
Well they never asked to search my vehicle I cooperated fully with the law how can I get my charges dismissed before being charged?
Expert:  Dwayne B. replied 2 years ago.

You can't get charges dismissed without being charged. If you aren't charged there are no charges to be dismissed.

Customer: replied 2 years ago.
What Am I looking at once I am charged for this as la first time drug offence
Expert:  Dwayne B. replied 2 years ago.

It depends on different factors. What is the amount that they seized?

Customer: replied 2 years ago.
I believe 1.5 grams
Expert:  Dwayne B. replied 2 years ago.

Possession of between 1 gram and 4 grams is a third degree felony punishable by between two to 10 years in prison or probation if you are probation eligible but if you are already on probation for a felony then you would not be eligible for felony probation.

Expert:  Dwayne B. replied 2 years ago.

What your lawyer will likely recommend is that you try and work a deal for a minimal sentence to wrap up both charges if you can't get this search suppressed.