raided, arrested, released without seeing judge...

i remember reading or watching somthing about in texas when you get arrested they have to take you directly to a magistrate to explain the charges, or something along those lines. if they dont you can charge the arresting officer with kidnapping. i think this is it
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does texas have the right to discovery? and what did the afidavid read when they gave you the warrant? was it a ci who snitched?

you have been pfi'd (pending further investigation)the charges can be reinstated at any time, it's up to the prosecutor

and many times when they do this it's because they have info on you and are WATCHING you because you didn't have what they wanted when they executed the warrant

be careful!

robert 14617 said:

i read the title of this thread and i swear i heard the ding ding sound from law and order

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Are those lizards in your avatar fucking?

Anyway, sounds like you got a "get out of jail free card." Happens once in a blue moon, enjoy it! Be sure that your lawyer is giving you correct information, though, I'd double check to be sure. If you have any pieces of paper from the police with numbers on it, I'd call them anonymously and give them the number to see if anything is pending.

You live in Texas if so your fucked I read story on a guy who got 25 to life for two joints in Texas! I could imagine you just having one Cannabis plant they'll probably cut off your head like in the Medieval times with that wood thing that has that huge blade on it lol.

DeMAR said:

You live in Texas if so your fucked I read story on a guy who got 25 to life for two joints in Texas! I could imagine you just having one Cannabis plant they'll probably cut off your head like in the Medieval times with that wood thing that has that huge blade on it lol.

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Possession under 4oz is a misdemeanor in Texas now.

sounds like u got set up by sum crooked cops...wantin to keep yor stash and grow..


happens in Florida all the time.

Here is my two cents. I dont know if this law is for any crime or just murder but there is something called double jepordy. You cannot be charged with the same crime twice, if you were chardged then they release you and dropped em, im pretty sure its illeagle to get you on the same charges. Im no lawyer but I have read this a few places before.

i fear that murphy is right, but its been over 30 days and still nada. I also got rid of all my gear and moved outta that house, just cut my losses. As far as a CI goes, i have an idea as to who could have/would have done. I did drop said persons name as a possible CI while making a call from the station, maybe a retaliation fear???(just a shot in the dark) Said CI had been to my house two times in the past 6 months, it was the now ex of my best friend. this ex is bipolar and likes to ditch her meds often. also found out that she has been "seeing" a k9 handler(maybe just fucking, who knows). I had heard her state how she would roll on her ex if he ever dumped her(when she was drunk). After they broke up, he went to vegas then proceeded to rub it in her face...maybe 20-30 days later shit hits the fan...there were only ten total in my loop, and all of em i have known since 6th grade and when my boy brought her around i was not happy about it, i let him know that this exact instance was something i feared, however he was sold she would nevvvver do that. yea...

I agree with Murfy above...

You are definitely not out of the woods yet.

I'm in Colorado, but I don't think the laws vary that much. I was just arrested for a raid that happened over 15 months ago. In most states there is a 4-5 year statute of limitations on drug charges. The police are legally allowed to hold you for 3 days, 36 hours, without charging you. Sounds like they are trying to build a case against you, probably investigating more. Could be many reasons for this. Maybe some evidence got messed up and they are trying to acquire more, or maybe they think you are some large level dealer/supplier and are trying to make stronger charges stick.

Moving is a good start, but unless you didn't leave any trail behind (mail forwarding, left forwarding address with previous landlord) it will only slow them by a few days if a warrant is issued for your arrest. If I were you and wanted to continue growing, I would only do it someplace where my name isn't on the lease or a single bill, as well as not having any vehicles registered there. No mail, etc.

What to do now? Either cross your fingers and hope you don't hear anything or leave the state. Chances are you do not have hefty enough charges for them to pay to extradite you if you are in another state. And, if you leave before a warrant is issued you can claim you had no knowledge of the warrant. Just don't go back to Texas.

If you don't want to run, then sit tight. I would contact a lawyer and keep their number on hand, preferably memorized as if they do arrest you they won't let you take your address book to jail. Any good lawyer will tell you that there is nothing they can do for you until you are formally charged by the DA. Any lawyer that tries to take your money right away I would not trust. If they want a simple $500-1000 retainer in case you get arrested they can already represent you, maybe. But if they want $5000 up front, find another lawyer. I didn't pay my lawyer until after I was arrested and it didn't make a difference.

If you are short on cash you could try to go with a public defender. If you have no record and a plea is likely, then it might save you a lot of money. Depends how serious your charges are. If its a felony charge I would probably spend some money on a good lawyer.

You cannot get discovery until you are charged with a crime. Good luck man. I suggest you move to a more pot friendly state if you want to continue your "hobby". Peace.

double-jeopardy only applies if you're found innocent in court.

when the charges are dropped with prejudice then the double jeopardy principle applies. this happens in very high profile cases where extensive resources have been used and yet there's not enough evidence to convict. not many judges use it.

akgrown said:

Here is my two cents. I dont know if this law is for any crime or just murder but there is something called double jepordy. You cannot be charged with the same crime twice, if you were chardged then they release you and dropped em, im pretty sure its illeagle to get you on the same charges. Im no lawyer but I have read this a few places before.

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This is after it goes to court and a decision is made.
Not 100% on this. Just beleive thats what i learned.

My buddies cause over 100k in damage in florida on acid and they left the state and never delt with it again. They did have to escape though, the police had them for a few hours.

I had a public defender for a felony and didnt do any time. they were saying up to 6 years. i had a good lawyer for my second time for a misdimener and got nothing. just had to be good for 3 months. didnt even need to check in or anything.
I would say a public defender is a good thing and a good paid lawyer is better.

redivider said:

double-jeopardy only applies if you're found innocent in court.

when the charges are dropped with prejudice then the double jeopardy principle applies. this happens in very high profile cases where extensive resources have been used and yet there's not enough evidence to convict. not many judges use it.

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Pretty sure it's the other way around too - Check out the movie "Double Jeopardy"

That's the problem with Forum lawyers, they smoke pot and forget shit. Can't be charged twice??? Are you kidding me?? They will charge you anytime they want, they can charge and drop charges, they can charge again and drop them again. You can't be tried or convicted for the same crime twice! Charging you doesn't mean shit.

Your not out of the clear but probably OK if you keep your shit clean.

lol yes id agree with get a lawyer but i dont know where your from...

I'm no lawyer but I also know that the Lawyers hv to be instructed by yourself of what you expect him to do. For this privilege I wuld keep my hard earned money & run.
A little over 2 years ago I was busted with 20 lamps (600 Watt) scrubbers, Ozonizers, etc etc. & 53 kgs of nice dope 1 week to go for the chop & the party.
Fortunately for me the pigs made some horrible mistake & got the Search Warrant issued with the information which did not correspond with the pigs report to their Senior Officer. I pushed my Lawyer for the prosecution's disclosure of documents & there I found some gross differences of what the (Pigs) told the Courts. We pushed these points very hard in the court hearings & the presiding Judge ruled that they got the Warrant under false pretences & thru the case out.
Good luck to every one who brushes with the Law.

Well my good luck was turned to extremely bad luck. I checked the travis county warrant search on a daily basis and never saw anything. Well I took off in my expedition with a trailer loaded down with all my scrubbed clean gear. I got pulled over by a game warden(You texas boys know what im talking bout) because someone said my 16ft utility trailer was "swaying". I was pulled over in mccullough county and they are trying to seize the truck, trailer, gear and all. mind you i had it all clean and NOTHING illegal inside the vehicle or trailer, but the dog "hit" at my trailer. also that day all the warrants got issued from the raid. i had some pills n stuff too in the house when i got kick doored. so now im doing the rehab gig on my own before trial just to make sure it looks better to the judge. My attorney is a baller but aint cheap, 15k.....almost outta texas then BAMMMM!
so i sat in that jail for 5 days in that one horse town. the charge for the raid for the plants n all ended up being 4oz-5lb possession....coulda been worse i guess

throthaduece85 said:

Well my good luck was turned to extremely bad luck. I checked the travis county warrant search on a daily basis and never saw anything. Well I took off in my expedition with a trailer loaded down with all my scrubbed clean gear. I got pulled over by a game warden(You texas boys know what im talking bout) because someone said my 16ft utility trailer was "swaying". I was pulled over in mccullough county and they are trying to seize the truck, trailer, gear and all. mind you i had it all clean and NOTHING illegal inside the vehicle or trailer, but the dog "hit" at my trailer. also that day all the warrants got issued from the raid. i had some pills n stuff too in the house when i got kick doored. so now im doing the rehab gig on my own before trial just to make sure it looks better to the judge. My attorney is a baller but aint cheap, 15k.....almost outta texas then BAMMMM!
so i sat in that jail for 5 days in that one horse town. the charge for the raid for the plants n all ended up being 4oz-5lb possession....coulda been worse i guess

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Fuck dude!

Good luck! I just read through this entire thread to read that.

Sr. Verde said:

Fuck dude!

Good luck! I just read through this entire thread to read that.

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Haha me too, read the whole thread. That sucks alot though that you didn't get outta the state man, GL. Move to Canada