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01-03-2010, 02:26 PM
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Question about Plea Agreements
Question about Plea Agreements
Q : Approximately four months ago, my adult son was hospitalized due to a traffic accident. My son and I have been estranged from one another for more than 5 years. However, because he was seriously injured and was unable to care for himself, I did go to his residence to care for him; as did his grandmother. During the week that we were at his home taking care of him, a “No Knock Search Warrant” was served at his residence. He was apparently under investigation for drug trafficking Meth which is what the search warrant indicated. While his home was being searched, his grandmother and I were questioned by officers at his home. The officers asked if I was aware that my son was involved in dealing drugs. I told the officers that I was aware that he was a Meth addict and suspected him to be a dealer - and - that is why my son and I had not had a relationship for more than 5 years. I told the officers that prior to bringing my son home (to his house) from the hospital - that I had searched his home, found several small bags of a yellowish substance and that I had flushed them. No drugs were found at his residence as a result of the search. Approximately 45 minutes later, while officers were still searching my son’s home, one of the officers approached me and told me that they had another team of officers on their way to serve a “Search Warrant” at my home. I asked the officer “why are you searching my home”? The officer responded that my son had listed my address as his own at the DMV on his drivers license and because I had been coming to his house to care for him for the past week that this gives them “probable cause” to search my home for Meth and/or Meth manufacturing substances. I told the officer that this did not make since to me… my son obviously did not live with me otherwise they would not be here at his home. Additionally, his grandmother was helping to care for him so why were they searching only my home and not hers as well? The officer did not respond. During the search of my home, the officers found five ounces of marijuana. I was not arrested. Marijuana was not addressed in the Search Warrant served at my home. The next day I contacted an attorney who recommended that I try to make a plea agreement. I met with the officer in charge of searching my home and I agreed that I would arrange “a buy” from the marijuana supplier in exchange they would arrest that person instead of me (a dealer for a user). I was given the name and phone number of an officer to work with in setting up the dealer. Over the last four months I have set up a purchase with the dealer on three occasions (none of which I have followed through with). On all three occasions, I contacted the officer I was assigned to work with once the arrangements were made. On the first occasion the officer was unable to make time to do his part. On the second occasion I was unable reach him directly; making repeated attempts - and - he never returned my calls at all. The third attempt I made to meet my end of the agreement; the assigned officer was not interested at this time “his words”. I have blown off the supplier on three separate deals now so of course the supplier has become suspicious. My attorney has been contacting me every couple of weeks; pushing me to continue to set up the purchases. The officers in my case (the ones I made the agreement with) are telling me they are in no hurry, just be patient. My questions are: Is there a time limit for the officers to either charge me with possession or leave me alone? Can the officers put me off time and time again - could this possibly go on for years? I do not believe the officers had “probable cause” to search my home; however, my attorney tells me he can not know this for sure unless I am arrested and then he can find out “what evidence was presented to the judge to obtain the Search Warrant of my home” - Is this true? Sure Would Luv2no A : I would say that you need to research Statute of Limitations. There is a certain amount of time that they have to go by and I would certainly check it out. I'm not sure right off hand if they are different for every state or you would go by the FRCP. Or better yet your attorney ought to know something since that's his area of expertise?! 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