Charged with possession but nothing found; search warrants not properly authorized.

Question

I have been charged with possession of CDS, distribution, wandering, and possession on school grounds. However, nothing was found on me. During the process, the city police confiscated my girlfriend's car and executed a warrant to search my mother's home, but nothing was found at either location. The warrant for the search was not signed by a judge, and the car warrant was denied by a judge the following day. How should I proceed with these charges, given that the warrants seem improperly issued?

H. Scott Aalsberg · Answer

You need to do the only thing you can do when you are charged with a crime:  hire a lawyer.  The State feels its so important that you have a lawyer they will even pay for one for you, called the public defender if you make 125% or less of the poverty level.  If you can afford a lawyer set up one of the free in office consultations that most of us criminal lawyers offer.   If you can't afford one and make less than 125% of the poverty level you can get that public defender assigned to your case generally at your first court appearance.

James L. Arrasmith · Answer

Given that the search warrants appear to have been improperly issued, you may have a strong defense. If the search warrant for your mother's home wasn’t signed by a judge, that could be a violation of your rights under the Fourth Amendment, which protects against unreasonable searches and seizures. Additionally, if the car warrant was denied by a judge the following day, it suggests that the police might have acted outside the legal boundaries when they seized the car. 
 
You should immediately discuss these issues with your attorney, as the improper execution of these search warrants could be grounds for suppressing any evidence obtained from them. If no evidence was found at the locations searched, this could work in your favor, especially if the prosecution's case relies on evidence from these illegal searches. 
 
Your lawyer may file a motion to suppress the evidence from the improper searches, and potentially have some or all of the charges dismissed. It’s important to stay involved in your case and ensure that your attorney is aware of all the facts, as they can help guide you through the process and protect your rights.

Q: Charged with possession but nothing found; search warrants not properly authorized.