Q: What are my rights? Search warrant for drugs from 1 control buy 4 months ago and corners of baggies with residue
House raided found 3 grams and a gun but only searched a quarter of the house and left drugs behind now trying to give me 5 years for a gun charge and no talk about the drugs how is that right and what are my rights because they wouldnt have found gun if werent raiding for drugs but now drugs dont matter I'm confused
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A:
Well the prosecutor has the discretion to decide what charges you would be required to plead guilty to in a plea bargain. The most serious charge is presumably the gun count and they are offering you a plea bargain where you plead to criminal possession of a weapon and they will drop the drug charges as part of the plea bargain.
However, given the facts in your question, you should speak to your lawyer because if the gun was found in your home, you cannot be convicted of Criminal Possession of a Weapon in the Second Degree. If the gun was found in your home or place of business, typically the plea would be to Criminal Possession of a Firearm which is a Class E, non-violent felony and a sentencing range of 0 of 4 years or Criminal Possession of a Weapon in the Fourth Degree (a misdemeanor) with a sentencing range of 0-12 months in county jail.
There might be issues related to the search warrant but I can't address them without being able to see the affidavit that was submitted to the judge by the police in support of the search warrant application and knowing more about the circumstances of the case. This is another issue you should discuss with your attorney who should have a copy of the search warrant affidavit from the discovery provided by the prosecutor but I would first ask your lawyer about the gun being found in the home before agreeing to five years.
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