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If the police enter your property on a warrant, how to they…

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If the police enter your...
If the police enter your property on a warrant, how long to they have to charge you while 'building their case'?
Submitted: 7 months ago.Category: Criminal Law
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1/7/2018
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,782
Experience: 10+ years defending Misdemeanor and Felony cases.
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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago

Good morning. It all depends on what the State is going to charge the person with. I say that because there is a statute of limitations and that is the time in which the State has to file charges. Every crime is different and I have provided a link below, so you can see how long, certain crimes, need to be charged and filed in.

http://statelaws.findlaw.com/iowa-law/iowa-criminal-statute-of-limitations-laws.html

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Customer reply replied 7 months ago
They are trying to build a case for manufacturing pot. There were no live plants, but other things like huts, soil and such. I just want to know how long this will be lingering.
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago

It is impossible to say, as it is an investigation. They are gathering evidence and likely determining how to charge you. If there were no plants and no evidence of anything illegal, the supplies alone would not be enough, as you could simply have been growing plants or other things unrelated to marijuana.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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Customer reply replied 7 months ago
The warrant was in October 2017, they 'claimed' everything had mold on it so everything was taken to the landfill and buried. They claimed they were going to contact DHS, no one ever called. Since everything was taken and buried, won't this be THEIR word against ours? This is my son we are talking about and he's sure he's going to be charged with a felony. He's NOT a dealer, but he did smoke it for time to time. he's 36, he's employed and he has two beautiful daughters. Since the DHS threat, he doesn't want he girls coming to the house (he rents the house from me). His ex is understanding about keeping the girls at her house, but I'd like to see them back home. That's why I'm asking about a time frame.
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago

If they burned everything and there is no evidence, their word is not going to be enough. I can not see them proceeding without any evidence and their mere allegations and claiming that because of mold, they could not preserve anything. At this point, without any charges or anything involving DHS, he can bring the girls home. As long as there is nothing illegal in the home, there should not be an issues at this time

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Customer reply replied 7 months ago
Would it be a bad idea if I called the lieutenant who I spoke to AFTER they busted my door down and see where they are with it?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago

You can see but they have no legal obligation to speak with you or inform you of anything. The reason being is that if this is an open and ongoing investigation, they will not say anything because they do not want to make your son aware.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago

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Customer reply replied 7 months ago
We do have a lawyer on retainer, my son hasn't heard from him since their initial meeting in October. Should I assume no news is good news?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago

Yes. The longer the better. If there is an attorney on retainer, HE should be speaking with the State or Police about this and only him. That is what he is being paid to do.

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Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 7 months ago

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated. Thank you.

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