• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

5th degree possesion

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Pennie

Junior Member
MN - here is my deal. 2 sheriff deputies came to my apartment looking for the previous tenant on a warrant, I told them I just transferred from the front unit and he no longer lived here. He had been here (but was now gone) and the neighbors told them so, so they left but came right back and asked if they could look in the house and I let them. One went up to my bedroom and came down asking if I lived here alone, i said yes although my boyfriend was here with me, his offical address is elsewhere. then he asked if anyone had access to my bedroom - i said no, unless you count the window. My boyfriend had left paraphenalia out in plain sight and they called in local police to search and now i have a felony charge.

What makes me want to fight this is the fact that I have nothing on my record except driving violations from years ago, yet the deputies told my boyfriend to leave the house before before the local police got there despite him having a 1st & 5th degree possesion charge on his record and possesion of stolen property pending. I did not say as much at the time because i thought he would do the right thing, but he scooted. I felt, at the time, that it was my apt., etc and denying it was mine was futile but i don't want a felony conviction and i don't want piss for the courts for a year or more. I'm thinking i'll take it to trial. Any thoughts?
 


The Occultist

Senior Member
Sorry, but just because you haven't been caught with paraphernalia before doesn't mean that you're somehow immune to such charges. The courts won't buy it. If your bf is willing to step up and say he brought it in without your knowledge then MAYBE they might consider taking the possession charge off, but I doubt it, especially since it was, like you said, in plain sight.
 

mike_lee

Member
Why in the world would you let a policeman go search your room? Did he imply he had the right to search based on the previous tenet? If so it may be an illegal search.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top