Check out some similar questions!

hollandgirl · Oct 9, 2011, 04:53 AM

I was set up by a friend of 36 yrs.he brought the stuff to my home 15 min later cops show up without a warrant.they proceed to moreless threaten me for a concent search.they just took the things my friend brought to cut a deal to get his girlfriend out.they condemed my home only to tell 2days later there was no operational lab then let me go back home.when my husband was released 10days later to live there 1month then went to public defender he asked him to work for them turning people in he refused that very night they condemed our home again same day now trying to charge him with operational lab there was no operational lab took 40days to receive discovery papers the first court date they reset for 60 days cause they did not have my discovery papers how many days to turn over the discovery papers?and how can they condem our home so long after the first time letting us live there isn't that indangering our lives living in that environment?I might add they never tested our home guarntee nothing was ever done there but,they failed to test just took our home and eveything we owned please help.

joypulv · Oct 9, 2011, 05:06 AM

Where is your lawyer??
You have written one long sentence that is truly hard to decipher, and we just aren't there to go over all the details with you, which would take hours or days in something this complicated.

I'm sorry you let someone set you up just so he could get his girlfriend out. But allow him you did...
I'm sorry your home was seized. That is the part your LAWYER will have to fight against. You can't do it alone. We can't do it.

Fr_Chuck · Oct 9, 2011, 05:09 AM

If convicted of drugs or selling of drugs they may take your home, So if you were convicted or if you took a plea deal, they can take your home.

Depending on the drugs, things like Meth can allow them to stop you from living there until a haz mat team has cleared the house to be lived in.

And unless someone allowed them to search, or even allowed them to come in, a good attorney gets the entire case thrown out. So who cares if they hassle you for 2 hours, if you say no search, they can't search

hollandgirl · Oct 9, 2011, 05:25 AM

I live in a very small town.my lawyer is court appointed not too much help I don't have money to hire one .with prosacuter,judge ,attorney it all is conflict of interest.how can they condem a second time after health inspector let us return then over 1 month later condem it again cause my husband won't work for them?

hollandgirl · Oct 9, 2011, 06:31 AM

The health inspector let os go back home to live .he said from the paperwork there was no lab so no need for any test.went back lived for over one moth then went to see attorney he asked my husband to work for the cops he refused the same day we went home they condemed our home for the second time for a lab.they never had any test done on our home we would have passed all of them nothing was ever done there but,they did no test condemed our house won't let us go back.isn't that terrible to let us go live in those hazzard fume conditions indangering our health seems like we could sue the cops for not testing and letting us live in those conditions until they seen my husband would not snitch then takes everything away please help

joypulv · Oct 9, 2011, 06:42 AM

Please use the Answer buttons instead of starting new questions.
We can't do much except sympathize. If you think the DA did something illegal after your husband refused to testify, find a pro bono lawyer or law group willing to take the case. If you think the original search was done by intimidation rather than you 'allowing' them in without a warrant, make sure your lawyer works on that. I take it you have a public defender who isn't doing much. Where do you live?

{Threads merged}

hollandgirl · Oct 9, 2011, 10:18 AM

Peru,in

hollandgirl · Oct 9, 2011, 12:56 PM

If I have a conflict of interest with my attorney,prosecutor &the judge what would be suggest for me to take to get a fair trial please help I livePERU,in

JudyKayTee · Oct 9, 2011, 03:10 PM

Peru, Indiana - and that number (which took me a while to figure out) is the zip code. What is the conflict of interest?

I'm confused about the friend showing up with the drugs, followed by the Police. Where did the Police FIND the drugs? Why was your husband held for 10 days? Do you - or your husband - have prior records? Your Attorney tried to persuade your husband to turn State's witness?

Another reason to be careful who you hang out with, who comes into your house but, yes, you consented to the search.

I suspect someone tested and found something. I just don't believe a property can be condemned because the Police think that would be a good idea.

hollandgirl · Oct 9, 2011, 11:16 PM

With having a conflict of interest with judge,prosecutor & public defender could you throw some idea on how to handle this matter and what should I do?

CliffARobinson · Oct 9, 2011, 11:30 PM

What state do you live in?

Each state has some sort of judge oversight panel or agency. There are also motions you can ask for, including change of venue, delay if you know the judge is not going to be available in the near future, etc. If it is a federal judge, Title 28 Section 372(c) of US Code gives you the right to complain about them.

In my personal, laymen's opinion, if it was me, I would tread extremely carefully. I would try to seek out a lawyer who would want to take my case pro-bono from a different area of the state, someone who doesn't have regular business in your jurisdiction. I would at least consult the out-of-area attorney. I wouldn't do anything without having an expert give me their opinion.

hollandgirl · Oct 9, 2011, 11:48 PM

I live in Peru Indiana

hollandgirl · Oct 10, 2011, 12:01 AM

They found in the house some fuel and stuff he was suppose to be getting ready to leave with.yes he has been in prison one other time for drugs about 4 years ago.there was never any test done.he was in jail 10 days until I came up with his bond.they kept him in detox 7 days I asked why they said cause his levels was high but,they never did ant kind of test on him or our home.they wanted him to set someone up .then they condemed our house again now we are homeless because he rufused.

CliffARobinson · Oct 10, 2011, 02:27 AM

The Indiana State Court Administration website has the information you need:

The Commission does not review legal error or disputes about the merits of a judge's decision. Filing a complaint is not a substitute for appeal and has no effect on your legal or appellate rights. If you want or intend to appeal from a judge's order, you must pursue your appellate rights through the judicial system. The appellate process is subject to strict deadlines, and you should immediately obtain legal advice about your appellate remedies. The Commission may not give legal advice or help you decide whether to appeal.

Again, please consult an attorney in a different jurisdiction before doing anything further.

joypulv · Oct 10, 2011, 04:02 AM

You let your friend in with meth lab equipment, he left it there, then your husband was going to take it elsewhere, but the cops showed up? That part is not going to get anywhere. It doesn't matter if it was your friend setting you up or the cops getting him to set you up.

The 'conflict of interest' - do you mean that your PD is buddies with the DA, cops, judges? Of course he is. Do you mean his kid got into meth or he has some other personal reason to have it in for drug users? It doesn't mean he isn't expected to defend you. If he isn't, then you pay a lawyer to not only defend you but also try to prove that the PD didn't.

You can be right as rain about the health dept and the month you had your house, and the 'coincidental' seizure of it the day after your husband refused to rat or do a sting. Or how soon discovery has to be given to you, and so on. But they can argue their right and get away with it unless you PAY a GOOD lawyer. The law only looks like it's etched in stone. That's why there are lawyers, judges, and juries, to argue it.

hollandgirl · Oct 10, 2011, 04:02 AM

How long can the state of Kentucky hold a warrant on a misdameaner charge of possession of a controlled substance

Curlyben · Oct 10, 2011, 04:04 AM

Until it is satisfied.
Warrants, like judgements, have no expiry time.

hollandgirl · Oct 10, 2011, 04:10 AM

My ex-husband keeps putting stuff in my home to cause me to go to prison.I have no choice to leave can you please give me information on what parole will do I had a three year sentence I did half in prison and the other half on parole I have done six months of parole so far but he is setting me up and I don't know what to do

joypulv · Oct 10, 2011, 04:19 AM

You do realize that we see all the questions you post here?
Please, we are trying to help, but you are now saying the 'friend of 35 years' who set you up is your ex husband? And you are on parole yourself?
Talk to your PO about where you can go, especially with the house gone. I don't know what you mean by 'leave.' Leave the town, the state?

Fr_Chuck · Oct 10, 2011, 07:20 AM

Why does your ex come into your home ?