Legal Question in Criminal Law in New Hampshire
My son's off campus apartment was searched by the local police after a noise complaint. The police while standing at the door noticed some drug paraphialla they came into the apartment and then went and got a search warrant upon that search they found one of the roommates had some pot along a scale and some plants growing. My son at the time was out of state his room was searched and found to be clean he has since been charged with cultivating,with intent to distribute. I have talked to a lawyer there but am wondering if you would know what were in for. This happened in the state of New Hampshire.
1 Answer from Attorneys
The manufacture of a controlled drug, like marijuana, is a felony. The potential sentence depends upon the amount. In this case it is likely that the offense carries a sentence of 3.5 - 7 years in the state prison and a 100,000 fine. NH is very serious about prosecuting such cases and if convicted, it is common for a first time offender to receive a year or more in jail or prison.
The case starts in the district court with arraignment. A preliminary is then held to determine if it is likely that your son committed the offense. If the court determines that there is such evidence, the case will be bound over to the superior court for trial.
These cases are factually driven. The state will be required to prove that your son was involved in the offense.
In addition, there could be issues with the validity of the search. If a court determines that the search were illegal, then the evidence (drugs, scales etc) would be suppressed and the case dropped. Notably, it appears that the police entered the apartment without the warrant required under the 4th Amendment. While there are exceptions the warrant requirement, this is an area to focus upon.
Your son really needs to get a competent criminal defense lawyer. This case is not going to go away with a hearing or two. You are going to need some help to get the results that you need to protect your son's future. This is a complicated area of law, find an attorney that limits their practice to criminal cases, so that you get someone that knows what they are doing.
Hope it helps, good luck!
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