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Search Warrant Legalities Explained
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Charging decisions can vary based on evidence, statements, and criminal history. Null process depends on evidence handling. Challenge search warrants based on scope, informant reliability, and lack of corroboration. Consult a local attorney for tailored advice.Full Conversation
I'm in Virginia and a search warrant was issued for two people living in my home and I was told by the police officer that the search warrant was obtained because someone said one of the two persons, (person one) was selling drugs out of my home. Drugs were found in their room and person one was charged with possession and person two was charged with possession with intent to sell.
Hello ****, that sounds like a difficult situation. Can you please clarify if you're seeking information about your potential liability, or the potential outcomes for the individuals charged?
My first question is why weren't both charged with possession with intent
Hello ****, charging decisions can vary based on several factors like:
- Evidence of intent to sell, such as large amounts of drugs, scales, or baggies
- Statements made by the individuals or witnesses
- Prior criminal history
Remember, each case is unique and handled differently.
- Evidence of intent to sell, such as large amounts of drugs, scales, or baggies
- Statements made by the individuals or witnesses
- Prior criminal history
Remember, each case is unique and handled differently.
Person one who was only charged with possession was the one that the police said someone told them she was selling drugs out of the house. The possession charge was null process because she said her name wasn't on evidence bag. Is that possible?
Hello ****, the validity of a null process depends on several factors:
- Proper labeling and handling of evidence
- The exact circumstances of the search and seizure
- Whether there were any irregularities in the process.
It's advisable to consult a local attorney for a more accurate assessment.
- Proper labeling and handling of evidence
- The exact circumstances of the search and seizure
- Whether there were any irregularities in the process.
It's advisable to consult a local attorney for a more accurate assessment.
Is there a reason why both persons weren't charged with the same charges.
Hello ****,
Charging decisions can be influenced by many factors such as:
- The evidence available to the prosecutor
- Each person's role in the alleged crime
- Each person's criminal history
The law enforcement and prosecutor have discretion in these matters. To understand your situation better, consulting a local attorney would be beneficial.
Charging decisions can be influenced by many factors such as:
- The evidence available to the prosecutor
- Each person's role in the alleged crime
- Each person's criminal history
The law enforcement and prosecutor have discretion in these matters. To understand your situation better, consulting a local attorney would be beneficial.
Yes I know I must consult my attorney, because although I wasn't named on search warrant they searched my room and allegedly found drugs, but they didn't search my entire room nor the rest of my home and i wasn't searched nor was I originally arrested. And there was an informant apparently who said they saw drugs in their room, but there is no other collaboration by police because there were no controlled buys or any suspicious activity, no surveillance showing anything. Can I challenge the search warrant
Hello ****, you might be able to challenge the search warrant based on:
- The scope and execution of the search
- The reliability of the informant's information
- The absence of corroborative police work
You should consult with your attorney to discuss these possibilities.
- The scope and execution of the search
- The reliability of the informant's information
- The absence of corroborative police work
You should consult with your attorney to discuss these possibilities.
Yes I will, I just wanted to be able to ask my attorney questions relevant to my situation.. thank you
Hello ****, you're welcome! It's great that you're proactively preparing questions for your attorney. They should be able to provide more specific advice tailored to your situation. Keep in mind that every case is unique and the laws may vary in Virginia. Good luck with your case.