Legal Question in Criminal Law in New York

consolidate drug charges

my friend was arrested with drug possession. the drugs were found in his sisters home he was not there nor did he live there his sister and her fiance wrote statements on my friend so they wouldnt get charged. now that he got evidence to prove the case wrong the court had indicted him on criminal sale the same day the evidence came out now they are saying that he made a sale from a downstairs apartment thats how they got a warrant for the upstairs. and he cant argue the search cause he didn't live there. what can he do? and can they consolidate if he wanted to testify on the possession charge. and not the sale? does this case violate his rights?


Asked on 2/16/09, 10:43 pm

1 Answer from Attorneys
Matthew Schwartz Schwartz & Ponterio, PLLC

Re: consolidate drug charges

The search and arrest may have violated your friend's rights. These kinds of cases depend on the facts so I would need to know more about the situation in order to give you a definitive answer. The police need probable cause to get a warrant so we would need to know what information was in the search warrant application. We would also need to know what evidence there is that connects your friend with the upstairs apartment.

It is difficult to answer the question without knowing more about what happened.

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Answered on 2/19/09, 9:45 am


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