Legal Question in Criminal Law in Alaska
My husband is currently being held in anchorage jail on a federal criminal case. He has a public defender, but anytime we ask him what EXACTLY my husbands charges mean, he tells us something completely different then what we read in law books. So I need legal advise as to what his charges are. 18USC924C1Ai AND 21USC841A1 & B1C and the search warrant obtained to come into our house reads "Davon and associates residing in (our address) pertaining to MISC2 and MIW" Davon is my adult step child who was a guest on our home and not in the lease or on any bills nor did he pay rent. It did not list me or my husband, so is this search warrant valid?
1 Answer from Attorneys
It appears that you and your husband were properly described as "associates" of Davon. Thus the warrant appears to have been properly executed.
18 USC Sect. 292 reads as follows:
"Whoever solicits employment for himself or another in respect to a case, claim, or award for compensation under, or to be brought under, subchapter I of chapter 81 of title 5; or
Whoever receives a fee, other consideration, or gratuity on account of legal or other services furnished in respect to a case, claim, or award for compensation under subchapter I of chapter 81 of title 5, unless the fee, consideration, or gratuity is approved by the Secretary of Labor�
Shall, for each offense, be fined under this title or imprisoned not more than one year, or both."
It appears that you have cited the wrong section.
21 USC Sect. 841 provides in pertinent part that:
"(a) Unlawful acts Except as authorized by this subchapter, it shall be unlawful for any person knowingly or intentionally�
(1) to manufacture, distribute, or dispense, or possess with intent to manufacture, distribute, or dispense, a controlled substance; or ...
(b) Penalties Except as otherwise provided in section 849, 859, 860, or 861 of this title, any person who violates subsection (a) of this section shall be sentenced as follows:
(1) ...
(C) In the case of a controlled substance in schedule I or II, ...such person shall be sentenced to ...
"
It appears that your husband has been charged with a drug crime. If the indictment or information is not sufficiently clear, his attorney can seek a court order requiring clarification.
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