Dallas, TX asked in Criminal Law for Texas

Q: I was in possession of 3.5oz of meth, 4oz weed and 2 firearms during a search and seizure over a month ago yet was no

arrested at the time of drug bust. They had an informant make buys from me. They also took $3500 in cash and my coins that I have been collecting for 15 years. Most of that money was earned from my legitimate business not selling drugs. I was trying to get bank acct straight due to being hacked so I had cash there. Told me they would give me 5 days to make decision to Narc if not, they would be back with arrest warrant. They are still camped out, phones and home are bugged and recording everything and everyone that comes there, driving by every 30 minutes. I'm self employed and work out of my home and scared to have any customers. What are they waiting for and what are the charges I am looking at. I have never been arrested for drug before, Can I get probation if its a first time offense in the state of Texas?

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2 Lawyer Answers
John Cucci Jr.
John Cucci Jr.
Answered
  • Criminal Law Lawyer
  • Houston, TX

A: First you need to know that you are not the only person that has happened to.

Did they leave you an Inventory list or document for anything they seized? If not, it is time to clean-out your home of any illegal items. Are you a convicted felon? If so you need to get every firearm and all amunition of any kind out of the home. If you plan on putting any of the items ina storage unit, do not put it in your name or your wife's.

You need to hire a lawyer who will draft and hand you an Engagement Letter. That is a letter you would give to the police if they show up again and it basically states that you are represented and you should not be asked any questions and that they should contact your lawyer immediately. It also explains that you give No Permission for any search or seizure of the home, etc.

A warrant requires that anycrime being committed must have been done so very recently, and that there are still illegal activities or illegal contraband at the location to be searched.

Overall, get a lawyer ASAP.

Good Luck!

Maxwell Shek
Maxwell Shek
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN

A: There is a statute in Minnesota that provides an automatic stay of adjudication in Minnesota for certain first-time drug offenders.

Hopefully, law enforcement/prosecution forgets about you, but more likely, a criminal case will commence. Hiring counsel ahead will provide you with answers to your questions. I’m not here to advise but think about what you are posting. Nothing stops a prosecutor from using it against you if they can connect it to you.

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