What Should I Do If I Am Charged with Drug Offenses After a Raid?

Question from Tiffany, What Should I Do If I Am Charged with Drug Offenses After a Raid?

Answer from AI:

If you find yourself in a situation where you are charged with drug offenses following a raid, it is crucial to understand the legal process and your rights. Here are some steps and considerations to help you navigate this challenging situation.

Understanding the Charges

When drugs are found in a residence, law enforcement may charge multiple individuals if there is reason to believe they were involved. In your case, both you and your ex-boyfriend have been charged. Here are some key points to consider:

• Possession vs. Distribution: Charges can vary from simple possession to intent to distribute or sales, depending on the quantity and circumstances.
• Constructive Possession: Even if the drugs were not physically on you, you could be charged if you had control over the area where they were found.
• Statements Made: Any statements you made, such as admitting the drugs were yours, can significantly impact your case.

Legal Representation

Having competent legal representation is crucial. Since you mentioned issues with your public defender, here are some steps you can take:

1. Communicate with Your New Public Defender: Ensure that your new public defender is fully aware of all the details of your case, including any previous missteps or misunderstandings.
2. Request a Meeting: Schedule a meeting to discuss your case strategy, evidence, and any potential defenses.
3. Document Everything: Keep a detailed record of all communications and court dates to avoid future misunderstandings.

Addressing the Bench Warrant

A bench warrant is issued when a person fails to appear in court. Here’s what you can do:

• Contact Your Attorney: Inform your public defender immediately about the bench warrant.
• Appear in Court: Attend the next court date to address the warrant. Your attorney can help you explain the situation to the judge.
• Explain the Miscommunication: Provide any evidence or documentation that shows you were advised not to attend the court date.

Possible Defenses

There are several defenses that might be applicable in your case:

1. Illegal Search and Seizure: If the raid was conducted without a proper warrant or probable cause, any evidence obtained might be inadmissible.
2. Lack of Possession: You can argue that the drugs were not yours and that you had no knowledge of their presence.
3. Coercion: If you were coerced into admitting ownership of the drugs, this could be a defense.

Next Steps

Given the complexity of your situation, it is essential to take the following steps:

• Consult with Your Public Defender: Ensure they are actively working on your case and exploring all possible defenses.
• Consider a Private Attorney: If you are not satisfied with your public defender, you might consider hiring a private attorney if financially feasible.
• Stay Informed: Educate yourself about the legal process and your rights. Resources like the [American Bar Association](https://www.americanbar.org/groups/legal_services/flh-home/flh-free-legal-help/) can provide valuable information.

When to Seek Legal Advice

It is crucial to seek personalized legal advice tailored to your specific circumstances. A legal professional can provide guidance based on the details of your case, the evidence, and the applicable laws in your jurisdiction.

Remember, this information is intended to provide a general understanding of the legal process. For personalized advice, always consult with a qualified legal professional.