Busted In Houston Tx

[hiphip247]

i dk but im guessing your going to tell us???

 

[TheGreenHornet]

Last week my stepson did not get on the school bus, instead he went to a friends house. School called the police and they met my wife at our house. The police told her that they had to search the house for him. Before i left for work i had medicated in my bedroom. Soon as the pigs entered they smelled it and told my wife to step out. they went straight to my room and found about 3oz of white widow and 1.5oz of mango kush. Then they went upstairs and saw that the bathroom linen closet had a lockset on it and wanted in... my wife told them she did not have a key and they could not enter. they popped the lock and found my grow. 25 widows and 5 mango kush 3 days into flower. She called me to give me a heads up on what had happened, so i rushed home to take responsibility for my grow and attempt to save her from jail (she does not smoke but knows that i need to) Soon as i arrived home they arrested both of us....charged with poss 4oz to 5lbs (felony) Now here is the real bitch... they called CPS and took our kids away... said that growing in my attic was dangerous to the kids health...Also we have not even been to court yet and allready we are on probation and both owe over 1,000$ each!!! one state over this is perfectly fine and normal but here it is not only illegal but dangerous......wtf fml..... FIGHT THE POWER!!!

All they want is your money, fucking mosquito's man. I'd take the 20 days in jail over paying 5-10 grand, it's basically the only way you can keep your money, and tell them to shove it up their ass. Lawyers are expensive, and trust me you don't want a state appointed attorney. I haven't taken the bar, but am in my 1st year of law. I don't see them throwing the case out, because once they found your medicinal stash, they had probable cause to enter the attic. The child protective services thing is just another way for them to get you to pay them more money.
When did "to protect and serve" become "to inconvenience and steal". I have never understood it.

-My parents generation tells me of the days when police officers helped old ladies carry their grocery bags, and if the kids had a little too much to drink, the officers of the law would drive them home, or follow them as to ensure no harm came to them or others. The police also did things like, smiling, and being courteous.

What the hell happened here?

 

[heathaa]

im not sure about the laws in your state. but in most states if you have a lawyer you can get it dismissed. they went into the house looking for the child. they had no warrant. they are not legally able to go into your house looking for one thing and bust you for another. heres an example. say they go into a house looking for an arsenal of illegal weapons or materials used for terrorist weapons. they cant arrest you for the weed they find. legally they have to leave the property after not finding the weapons go get a warrant for the drugs then re-enter the property with the proper warrant for the weed. fight that shit man!!

 

[guy incognito]

im not sure about the laws in your state. but in most states if you have a lawyer you can get it dismissed. they went into the house looking for the child. they had no warrant. they are not legally able to go into your house looking for one thing and bust you for another. heres an example. say they go into a house looking for an arsenal of illegal weapons or materials used for terrorist weapons. they cant arrest you for the weed they find. legally they have to leave the property after not finding the weapons go get a warrant for the drugs then re-enter the property with the proper warrant for the weed. fight that shit man!!

That's not true at all. ANYTHING they find that is illegal they can use against you unless it was obtained unlawfully. They are not supposed to enter without a warrant, but there are other circumstances that can gain them entrance. If they do have a warrant it is supposed to detail what they expect to find and where they expect to find it, but anything illegal that happens to be uncovered in the process will be taken as evidence.

 

[Mort Fink]

If cops ever ask to search your house for any reason say no. To bad your wife didn't know that. W/o consent they cannot come in your house w/o warrant.

Yeah especially to look for your own kid, what a line of shit they said to get in. Always ask for a warrant we have a right to our privacy, it's are constitutional rights and they should not be trampled upon.

 

[weedbeavis]

That's not true at all. ANYTHING they find that is illegal they can use against you unless it was obtained unlawfully. They are not supposed to enter without a warrant, but there are other circumstances that can gain them entrance. If they do have a warrant it is supposed to detail what they expect to find and where they expect to find it, but anything illegal that happens to be uncovered in the process will be taken as evidence.

^^^^^Kinda this. If it's in plain sight while executing the warrant you're SOL. What is plain sight depends on the warrant. If it's a consent search, then that was just stupid, there are no parameters until to put them in place.

There's some really, really, really bad legal advice going on in this thread. Anyone in Texas can go down to the District Court and watch all the people who thought they'd research their rights on the internet instead of hire a lawyer and then think the D.A. would back down. That's laughable. I've never seen a pro-se win a felony drug trial. I've never even heard of a D.A. dropping a case because of some of the thing that have been suggested.

 

[Master Gardener]

Lawyer Up and get a medical prescription ASAP I know attorneys are expensive but freedom is worth it. anytime the law attempts to go after you seek legal advice. locate
Quick google search of Lawyers in your area I would find out from any or all of these attorneys if there is any probono work or free consultation immediately.

Cynthia Sue Pulcher
936-539-7928
207 W Phillips
Conroe, TX

Melissa Colette Reed Morgan
940-989-2608
Po Box 52
Aspermont, TX

Weldon Ralph Petty Jr.
432-688-4444
Office of The District Attorney, 200 W Wall Street Suite 007
Midland, TX

Collin Dean Kennedy
972-731-6500
1125 Legacy Dr., Ste. 250
Frisco, TX

Mark Kelly Clark
806-765-9977
1601 Broadway
Lubbock, TX

David A. Schulman
512-474-4747
Po Box 783
Austin, TX

 

[weedbeavis]

Lawyer Up and get a medical prescription ASAP I know attorneys are expensive but freedom is worth it. anytime the law attempts to go after you seek legal advice. locate
Quick google search of Lawyers in your area I would find out from any or all of these attorneys if there is any probono work or free consultation immediately.

Cynthia Sue Pulcher
936-539-7928
207 W Phillips
Conroe, TX

Melissa Colette Reed Morgan
940-989-2608
Po Box 52
Aspermont, TX

Weldon Ralph Petty Jr.
432-688-4444
Office of The District Attorney, 200 W Wall Street Suite 007
Midland, TX

Collin Dean Kennedy
972-731-6500
1125 Legacy Dr., Ste. 250
Frisco, TX

Mark Kelly Clark
806-765-9977
1601 Broadway
Lubbock, TX

David A. Schulman
512-474-4747
Po Box 783
Austin, TX

One of them fucking works for the D.A.'s office in Midland. Yeah call him after you get that after the fact Texas MMJ prescription. Oh wait, there is no medical marijuana in Texas.

 

[Master Gardener]

One of them fucking works for the D.A.'s office in Midland. Yeah call him after you get that after the fact Texas MMJ prescription. Oh wait, there is no medical marijuana in Texas.

You still want to exhaust all available options even if that means obtain a MMJ prescription after the fact this can help any case, if it is an option however according to beavis Texas doesn't.
Still seek legal advice believe it or not even if someone from the D.A office is to counsel you this conversation is bound by law ever heard of Client confidentiality this was just a general idea and as mentioned

Quick google search of Lawyers in your area

.
Sounds like @weedbeavis you have something better to offer oh wait no it doesn't...

 

[drains21m]

I have a great team of attourneys, one used to be a D.A. in Austin. They will fight hard to get this dismissed because they are proud of there record of getting cases won or dismissed. Also my step sons teacher was here and was a witness, she is willing to testify or do anything to help! Heh I think she smokes too... Cops=legal mafia, pirates.... FIGHT THE POWER!!!

 

[drains21m]

Right now I need some crazy ideas how I can make everyone take notice and fight for our right to medicate! For example walk across texas with a legalizr it sign or something.

 

[weedbeavis]

You still want to exhaust all available options even if that means obtain a MMJ prescription after the fact this can help any case, if it is an option however according to beavis Texas doesn't.
Still seek legal advice believe it or not even if someone from the D.A office is to counsel you this conversation is bound by law ever heard of Client confidentiality this was just a general idea and as mentioned .
Sounds like @weedbeavis you have something better to offer oh wait no it doesn't...

Oh Jesus Christ this so isn't true. The D.A. can't offer privilege --that's what you call client confidentiality and it's not a law. So I'm gonna take the not option on this believe it or not choice. The D.A. represents the state and that is his client, not anyone else. Privilege extends only to the client. Do you really think if the opposing party tells me something I can't use it? You're incredibly naive if don't think so. I've had several of my own clients not understand how privilege works and how easily it's waived. The legal advice spelled out in these forums pertaining to Texas is absolutely atrocious. Bad advice like calling an assistant district attorney several hundred miles away isn't going to help anybody. If anything, anything you admit would be turned over to Harris County. I'd like to be there when a defendant claims privilege when the D.A. testifies to his admission. I can hear the judge now saying: "Son, this man is not your attorney. Just because you blurted out incriminating statements to him does not make him your lawyer." Texas still doesn't have MMJ even though somebody else keeps insisting and posting links to a house bill that didn't pass.

Sometimes bad info is worse than no info. In a few threads on this forum it was suggested that just because he demanded a jury trial pro se the prosecutor will be too scared to try the case. That's utter bullshit. They're going to pick a jury on Monday regardless of whomever's case it is. If the original poster can't figure out to hire an attorney in his area whom is certified by the Texas Board of Legal Specialization in this area, there's really no hope. Asking stoners who tell him to get a MMJ card after the fact and not to hire an attorney but demand a jury and charges will be dropped is just fucking stupid.

 

[vantheman169]

^ i would listen to this guy.

 

[South Texas]

Yep, Listen. The momentum to legalize has finally started after being pushed on for 50 plus years. The Issue keeps gaining momentum, but it's still going to take awhile. Until Texas is broke, or wants the additional tax money, it won't be legalized.
Anyway, the issue is "same as it ever was", Did the Law Dogs have the jurisdiction to act on behalf of the CPS Office? I say NO! I say that any CPS Officer can request escort from the Local Police, but the Local Police can't do their jobs for them, that's why they have seperate Offices, because it's a seperate Governmental Agency. And with, or without the CPS, the Law Dogs still needs a warrant via Probable Cause to enter unless there is imminent danger to someones life, then all bets are off. Until then, where is the warrant. I say "Forced Entery", according to the "Police Report". The issue should have been taken care of long ago. Good Luck Anyway.

 

[weedbeavis]

Yep, Listen. The momentum to legalize has finally started after being pushed on for 50 plus years. The Issue keeps gaining momentum, but it's still going to take awhile. Until Texas is broke, or wants the additional tax money, it won't be legalized.
Anyway, the issue is "same as it ever was", Did the Law Dogs have the jurisdiction to act on behalf of the CPS Office? I say NO! I say that any CPS Officer can request escort from the Local Police, but the Local Police can't do their jobs for them, that's why they have seperate Offices, because it's a seperate Governmental Agency. And with, or without the CPS, the Law Dogs still needs a warrant via Probable Cause to enter unless there is imminent danger to someones life, then all bets are off. Until then, where is the warrant. I say "Forced Entery", according to the "Police Report". The issue should have been taken care of long ago. Good Luck Anyway.

I'm too lazy to go back re-read so I might be off. I think the original poster's wife consented to the search to get around the warrant. But I'd still file the Motion to Quash just the same because you really don't have anything to lose. It's probably a loser in Harris County where there are Courts of specific jurisdiction (i.e. criminal law and family law cases only) and they generally know there stuff inside and out. In neighboring Fort Bend County, I believe they are general jurisdiction courts with a smaller DA's office who covers everything countywide. However it cuts both ways with these general jurisdiction courts and smaller D.A.'s office in that sometimes you get an over aggressive kid trying to make a name for himself to land that Harris County gig. Also you can sometimes get a judge who really hates the criminal (or other) part of the docket and the results are inconsistent.

 

[South Texas]

She did NOT consent, and such is suppose to be reflected on the Police Report where it is stated TWICE that She said NO. Once is good enough. If this is true, it's forced entery, bal-bla. Any Atty. should have had this dismissed long ago.

 

[Master Gardener]

Oh Jesus Christ this so isn't true. The D.A. can't offer privilege --that's what you call client confidentiality and it's not a law. So I'm gonna take the not option on this believe it or not choice. The D.A. represents the state and that is his client, not anyone else. Privilege extends only to the client. Do you really think if the opposing party tells me something I can't use it? You're incredibly naive if don't think so. I've had several of my own clients not understand how privilege works and how easily it's waived. The legal advice spelled out in these forums pertaining to Texas is absolutely atrocious. Bad advice like calling an assistant district attorney several hundred miles away isn't going to help anybody. If anything, anything you admit would be turned over to Harris County. I'd like to be there when a defendant claims privilege when the D.A. testifies to his admission. I can hear the judge now saying: "Son, this man is not your attorney. Just because you blurted out incriminating statements to him does not make him your lawyer." Texas still doesn't have MMJ even though somebody else keeps insisting and posting links to a house bill that didn't pass.

Sometimes bad info is worse than no info. In a few threads on this forum it was suggested that just because he demanded a jury trial pro se the prosecutor will be too scared to try the case. That's utter bullshit. They're going to pick a jury on Monday regardless of whomever's case it is. If the original poster can't figure out to hire an attorney in his area whom is certified by the Texas Board of Legal Specialization in this area, there's really no hope. Asking stoners who tell him to get a MMJ card after the fact and not to hire an attorney but demand a jury and charges will be dropped is just fucking stupid.

Sounds like your should rep the guy...
I'm just Sayin!

 

[drains21m]

Court dates keep getting reset, all resets say "need concent" and I know they dont have one. What really pisses me off is CPS.... I now know they get like 8,000$ for each kid they take and I have 4....

 

[vantheman169]

that sux about your kids man, i really think this whole war on marijuana has got to stop. Its tearing apart families and good people. And making tax payers pay to keep them in jail for something that harms nobody. Best of luck to you my friend.

 

[South Texas]

In about 2 years, make a discreet call about child abuse... against the CPS fuck- head. Awe shucks, just kidding.