CAUGHT GROWING IN TEXAS! HELP!!!!

So my apartment was accessed by maintenance, and my grow was found. I've been evicted and turned over to the police, but I'm out of state right now. I'm trying to get a hold of the police there, some guy is calling me back soon. Am I f*cked? I had 2 foot tall plants, and maybe 10ish clones, all in veg. I myself am contacting the police, since they haven't tried to contact me yet. Does that help my situation at all? Any thoughts on what will happen to my dumb *ss? Please respond asap.

I just want to say thanks for everyone's info that helped me through the process. Also, I know I'm stupid, please do not restate the fact. Thanks.

lawyer up and shut up

So what should i say to the cop when they call back? i just dont want to have a death warrant out when i get there.

dude get an attorney and have him contact the police. A good criminal defense attorney will know what to do. Check this website for good lawyers in your state: http://www.nacdl.org/

basically, unless you get a lawyer, you're fucked. That's my opinion anyway, but im sure a lot of people will agree.

thanks for the input, thats what im working on right now.

Run away and never come back.

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Originally Posted by Dutch Pimp

lawyer up and shut up

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Words of Wisdom :thumbsup: ...

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Originally Posted by Lit Up

Run away and never come back.

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I wouldn't really follow this advice.

Definitely have the lawyer make the call, and fast. You never stated how many 2 foot plants you had. That will make a difference. Good Luck to you and don't panic, you didn't kill anyone.

Peace

sorry, i meant i had two 1 foot tall plants. well, maybe even like 8 or 9 inches. got a lawyer and he's makin the calls, i'm all the way in montana right now till the 22nd...

why did maintenance go into your apartment?

I wasn't serious about that ya know.

alright well your past the first step. The lawyer, if he's good, will definitely be able to help you. You'll probably have to pay a fine and probation. It's probably gonna be expensive too. good luck man.

this is why if I get an apartment I'm putting locks on the doors where the grows are at. If you dont own your house they can still find some reason to come in where you live.. fucking asses

I cannot imagine it will be a big deal. Its not like you had a warehouse operation. It was grown for yourself only. It is only pot not coke ,herion or meth. Relax it will work itself out.

the lease agreement says they have to warn me 24 hours in advance. they said they put notes on the door that they were gonna come in and check the pipes the day before they did. so...i say violation, since they warned my DOOR, not me. ive been in montana for a week, they have my cell number to call me.

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Originally Posted by jkalb42

the lease agreement says they have to warn me 24 hours in advance. they said they put notes on the door that they were gonna come in and check the pipes the day before they did. so...i say violation, since they warned my DOOR, not me. ive been in montana for a week, they have my cell number to call me.

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That was just an excuse. Some one wanted what you had, most maitaince would of just taken what you had and then what would you do ? If you can pay a lawyer he might be able to get you off. Do not admit to anything. Tell your lawyer you had a guy come by to keep an eye on things. It must be his but you don't know his name. Sounds like illeagle entry even in an apartment you are supposed to be there when they enter. For all we know the landlord didn't like you and planted the stuff to get rid of you. Any kind of warrant was not done leagle and no probably cause like ( I smell some MJ from a cop ). Remember only talk to your lawyer and DO NOT talk to cops. If a cop lies to you it is OK under the law but if you lies to a cop in most states that's another felony.

Good luck and let us know, others maybe helped with the knowledge.

Thinking about it they would of waited untill you came back and did what they call. ( A knock and talk and said they smelled something for probable cause ) Then busted you the right way. That's what they did to me with a warrant in their back pocket just in case. Something smells real fishy about this.

Everytime I have an encounter with the law I learn so much more about how things must work and how little rights our freedom affords us.

lawyer, lawyer, lawyer....best of luck to you.

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Originally Posted by jkalb42

the lease agreement says they have to warn me 24 hours in advance. they said they put notes on the door that they were gonna come in and check the pipes the day before they did. so...i say violation, since they warned my DOOR, not me. ive been in montana for a week, they have my cell number to call me.

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definately a violation of your privacy if the contract says that then they entered illegally, if you can push that they entered illegally then the evidence can be overturned since there was no legal precident to go in.. :P

damn man if i was the maintenance guy I'd have snapped off a nug and pretended i never saw shit lol. I guess maintenance guys aren't like me.. sorry dude.

my thoughts are with you,



Peace,
denial

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Originally Posted by denialisback

definately a violation of your privacy if the contract says that then they entered illegally, if you can push that they entered illegally then the evidence can be overturned since there was no legal precident to go in.. :P

damn man if i was the maintenance guy I'd have snapped off a nug and pretended i never saw shit lol. I guess maintenance guys aren't like me.. sorry dude.

my thoughts are with you,



Peace,
denial

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haha this guy knows whats up, if i were you i would definitely try to prove that they entered illegally and i would also just snap off a bud and peace out if i saw that lol. maybe come by a few days later and see if he wants to smoke up or something.

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Originally Posted by cygnustaxt

haha this guy knows whats up, if i were you i would definitely try to prove that they entered illegally and i would also just snap off a bud and peace out if i saw that lol. maybe come by a few days later and see if he wants to smoke up or something.

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haha, shit, yeah i missed that bit.. absolutely, i'd be a little bit scared of freaking the guy out thinkin i was gonna blackmail him hahaha...


heads up J things'll sort themselves out, but you have to BELIEVE it!!

Peace,
Denial

you dont stand a chance

a good lawyer will run you atleast 5 grand but they arent going to let you go with a warning

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Originally Posted by MPLSweedman

you dont stand a chance

a good lawyer will run you atleast 5 grand but they arent going to let you go with a warning

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wow what a nice thing to say.. you suck. He has every chance, he's not a terrorist and the constitution applies so shush ;p


peace, mostly :D:jointsmile:
Denial

just speaking the truth

judges dont go easy on growers no matter the size of the operation

easy targets

your lucky it was an apartment and not a house, they wouldve taken your house and the cars

I have to jump in on this, dude the first thing going your way, you were not present at the time of the discovery. That right there is your way out, you have no idea how that got there, but this maintenance man was alone in your apartment, he seems a little unstable. He is going to have to prove it was not his, you were not present, so I don't think they can charge you with anything. What I am trying to say here, there is no clear evidence the weed is yours. Good luck man, and don't let them give you shit, get a nasty mean lawyer and fight them, they are in the wrong, hell you might even sue them for destroying your character. :thumbsup:

BARRY COOPER RIGHT THERE IN TEXAS!

Slavetopot, that wasn't the best advice. They find weed in a car, the driver gets busted cause it is THERE car.

That is not his best defense here, so he is saying that some man came in to his place and set up all this weed that was in various stages of growth and tried to pin it you. Right.

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Originally Posted by Lit Up

Slavetopot, that wasn't the best advice. They find weed in a car, the driver gets busted cause it is THERE car.

That is not his best defense here, so he is saying that some man came in to his place and set up all this weed that was in various stages of growth and tried to pin it you. Right.

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In my opinion (not knowing U.S Law too well admittedly) - much like entrapment, it is pretty much internationally illegal to use evidence that was obtained illegally or in violation of a contract. This seems like madness, but the burden of proof (providing your telling the truth about the 24 hour notice in the contract and it really not being given) is in fact theres.

They _must_ prove that they gave you notice. If they can't the evidence cannot will not and must not be used! You have rights, basic human rights too.

One of those is, you cannot be searched without due cause. No due cause and search is an illegal search, illegally obtained evidence cannot be used. (fact, i think :) ).

I know i've said the same thing a couple of times in slightly different ways, just wanna get in my extra 2 cents.

jkal you have my respect and prayers no body should be punished for feeding themselves cannabis. IMO.

Peace ;)

Denial

I'm guessing mantiance turned him in to the cops, or told his landlord, who can give permission to search. We will just have to see how this one turns out.

thanks for all your help guys, my lawyer said they havent even looked at my case yet lol. he's trying to do some bail bond shit, but he said theres a change theyll be bastards and sneak an arrest warrant out without telling him.

Good luck homeslice.

GL dude, bullshit that your even in this position.. I hope it all works out :stoned:

i know this isnt related much, but on the search warrant they left it said they found and confiscated 2 false montana drivers licenses. my question is that if they truly found these in my bedroom, could i be charged, even if they werent being used or on myself?

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One of those is, you cannot be searched without due cause. No due cause and search is an illegal search, illegally obtained evidence cannot be used.

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What I am trying to say is to DENY EVERYTHING, this is where you act like you have no idea what is going on. You haven't been home and this handy man had keys and access, and now you are accused of growing plants. Just my personal advice, FIGHT IT AND DENY EVERYTHING. :hippy:

I think you can get a free lawyer or a cheap lawyer from NORML but dont take my word on that.

NORML doesn't supply lawyers, although it theoretically 'could' happen, if you had a landmark case of some significance ... you have free access to a very-busy, overworked, Court-appointed Public Defender, (who will likely do the same thing your $$$-lawyer will do, which is: 'cop a plea') ... :smokin:

maintenance can enter your dwelling if there is an "emergency". not saying this is the case, but it most leases it says as much. it's standard in a TAA (texas apartment association, or some such shit).

the police searched your unit without you there? if they did have a search warrant (signed by a judge), how it usually works is they list certain things that they are searching for. it always vague so it pretty much allows them to access all areas of your house/apt etc. (not always though). if it wasn't specific than anything they find can be used against you! so yes, you are screwed about the ids if they decided to charge you.

did you ever actually get arrested? you can't be charged with anything without being arrested. as far as the arrest warrant, you can usually check the status of one online (county dependent). if not, you can definitely call the sheriffs office and they will tell you if an active warrant is out.

don't say anything! ANYTHING! nothing. anything that you say WILL be used against you. they will use it to open up avenues that you didn't think about. so say NOTHING! get a lawyer. not a public pretender, er defender. not only are they not usually free (depends on your income, you can even get denied one) you end up paying for them through court costs. so get free world lawyer!!!

i think it was stated earlier somewhere in this thread, but cops can lie to you all they want, yet if you lie back you can get charged with it.

honestly, if this is your first charge, you are looking at probation. you'll be able to cop a plea (if you can't get it tossed on a technicality, hence the need for a lawyer). what did you say, 2x 1' plants and like 10 clones. it is based on weight, which obviously isn't much (although, i've heard in some places they use the wet weight and even the roots, etc.)

norml won't supply you a lawyer, what they will do is refer you to lawyers that are "down with the cause", if you will.

something is not quite right here!

we need all of the details!

good luck!


-shake

Any updates on what's going on? I'm pulling for you.

did you ever actually get arrested? you can't be charged with anything without being arrested. as far as the arrest warrant, you can usually check the status of one online (county dependent). if not, you can definitely call the sheriffs office and they will tell you if an active warrant is out.

I was charged with 5 felonies with out being arrested. After almost 2 weeks of going to the narc room at the police station and being every subvirsive thing they could do to get me to narc anyone out in the whole country. They threatened to charge my family, hold my 13 year old son 6 months till 14 so they could charge him. Wanted me to ride down crack street and buy til I got out of it. They said I would be thier bitch. I don't think so. My lawyer kicked in and they shut up left me alone and charged me and I was never read my maranda right or any rights. End results were 1 year suspended , 2 years probation and fine that totaled over 20000 dollars. That was 1 pound dry and 4 pounds wet. Now I have posession with intent to deliver felony. Or should I say ex-felon. LOL


Hope they can find a loop hole for ya.

you are right locnar. i wasn't thinking. my bad.


-shake

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Originally Posted by jkalb42

So my apartment was accessed by maintenance, and my grow was found. I've been evicted and turned over to the police, but I'm out of state right now. I'm trying to get a hold of the police there, some guy is calling me back soon. Am I f*cked? I had 2 foot tall plants, and maybe 10ish clones, all in veg. I myself am contacting the police, since they haven't tried to contact me yet. Does that help my situation at all? Any thoughts on what will happen to my dumb *ss? Please respond asap.

I just want to say thanks for everyone's info that helped me through the process. Also, I know I'm stupid, please do not restate the fact. Thanks.

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did you get notice that maintenance was going to enter YOUR RESIDENTS.In Oregon they have to give a 24hr notice.If they don't illegal enter.And I wood start from there.