Legal Question in Criminal Law in California
Son's apartment raided, cops found many drugs, arrested and released them
The police from 2 forces raided my son�s apartment with a battering ram. My son was at class in college at th time. The cops had a warrant for his roommate, looking for marijuana and weapons. They found 3 oz. of roomate�s pot and no weapons, then found a locked box in my son�s room with 24 oz. of MDMA powder (can make 240 capsules), a scale, small amounts of other drugs, $500 cash. They arrested the roommate and my son�s girlfriend, then arrested my son at college. They took them to police station, questioned and fingerprinted them. They admitted the stuff was theirs, denied dealing. The cops told them they were going to county jail but then oddly, let them go, did not charge them. One attorney said that the cops must have made a procedural error if they released them. Wondering if they let them go so they can build a case and charge them later. 1. Can they use the MDMA and other drugs as evidence on my son, even though warrant was for roommate & other drugs were locked up. My son admitted it was his. 2 What is mandatory minimum sentence for 24 oz. of MDMA? Can they prove intent to sell? My son has a misdemeanor petty theft on record and has a dismissed heroin possession charge. He's on methadone maintenance.
1 Answer from Attorneys
Re: Son's apartment raided, cops found many drugs, arrested and released them
Yes, they can charge them later. It's like Woody Allen said, "Just because you're paranoid doesn't mean people aren't out to get you." My guess is not that there was procedural error. My guess is that the DEA or FBI & federal prosecutor will look into this first to determine whether they will prosecute. If not, then the state would. I actually see this a lot.
The fact that they located the contraband as a result of executing a search warrant on the roommate may or may not be a problem in a case against your son. It is highly fact-specific. In fact, he does seem to have a good search issue. The thing is, those search issues will usually not deter a prosecution, particular so early in the game as the day of the arrest/release. That's something we fight about later. And my guess is that the police report will be written in such a way as to attempt to justify the search--i.e., that they were given consent. Still, it remains a fact that dope in a locked box in a room where the subject of the s/w (roommate) did not have dominion and control (was there a lock on your son's room?), particularly if it were in his closet or an underwear drawer or something, will be problematic to the prosecution.
There's not really a mandatory minimum for 24 oz of MDMA. It's likely that the charge would be possession of the precursors of a controlled substance, or possession for sale. Each are felonies, and each, if convicted, carry potential state prison penalties. More importantly, they make him ineligible for DEJ or Prop 36. Nevertheless, formal felony probation is possible, for example, with a mandatory 90 days on the possession for sale. (A violation of probation could result in imposition of a state prison sentence later.) However, those are just the anticipated initial charges. Many, many times these are "busted down" as they say, or reduced, pursuant to a plea negotiation. Get character reference letters and evidence of his grades, etc. And get counsel. A lawyer can make calls to see where they are going with this, if anywhere.
Good luck. If you need help or more information, feel free to contact me.
Jacqueline Goodman Rubio
www.californiadefenselawyer.net
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