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Hard to explain but here goes...I'm 66 and retired and

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Hard to explain but...

Hard to explain but here goes...I'm 66 and retired and because I was upset at my DR, I blurted out that I would be better off blowing my brains out...then I calmed down and took my dog for a walk...out of nowhere a cop came up to me, asked me who I was, then cuffed me...Then they went into my house and when I asked why they were searching my house, they said for bodies or weapons...I had 5 small pot plants growing in my son's closet...They then sent for a search warrant and they arrested my Son, finger printed him and released him on 7100 unsecured bond and the Magistrate said he was looking at 10 years in prison!

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

Delaware and all this happened today

Lawyer's Assistant: Have you talked to a lawyer yet?

I just got home from picking my Son up

Submitted: 10 months ago.Category: Legal
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Answered in 2 hours by:
9/23/2017
Lawyer: N Cal Atty, Lawyer replied 10 months ago
N Cal Atty
N Cal Atty, Lawyer
Category: Legal
Satisfied Customers: 9,884
Experience: attorney at self
Verified

I am sorry to hear this.

The search without a warrant was illegal. There was no emergency that required them to enter your home without a warrant. Having entered illegally, it was improper to get a warrant issued based on what they saw during the illegal search.

Your son can find attorneys who handle marijauna cases listed here.

I do not see that they had any reason to arrest you without an arrest warrant either, see http://delcode.delaware.gov/title11/c019/sc01/index.shtml.

You can get a free consultation from some of the criminal defense attorneys listed by location here.

Stating that you might be better off dead to your doctor is not a crime and I have no idea what you were arrested for.

Please follow up on this with a local attorney, and you might want to find a new M.D. who will respect your privacy better than the last one you saw.

I hope this information is helpful.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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