Criminal Law/How to proceed
I have asked and you have answered a question previous concerning this case which was helpful and I appreciate your time so much.
My husband needs to turn himself in to answer to violations to his probation, which occurred in June. Yes its been 9 months. When we last visited his attorney the attorney told us the "charges" hadn't yet gotten to the DA and he would sit until they did if he turned himself in at that time which was some time early Oct. There was a warrant for his arrest then. He told my husband if it was possible to continue laying low until the charges got to the DA.
The reason why he had a warrant for these violations is because we were not at home when this happened. And so was not there to take to jail at the time. SET a drug enforcement team came into our house, killed our dog and found a gun in our room mates room. They also pulled plants leaving the 11 allowed had my husband not had a 420 exempt which was clearly posted. #We make him edibles which require much more than smoking does#..Anyway soon after this happened we called his PO who knew nothing of the raid. This enforcement team did not contact the local PD either which is suppose to happen. After writing another extremely helpful expert on this site it was clear on many points this raid would not have happened in the way it did had it been in another state. You told me that a PO must be present or at least have asked for the raid (even informal court probation?)and I know positively from his own mouth twice, once after it happened and then toward the end of the summer we talked again to the PO, and both times it was clear he was not and does not get informed of these raids. Its left up to the cops. This SET has a page on the web and probation searches is not even in their description of what their duties are suppose to be. But even still I can't believe for any cops its lawful for them alone with no one to monitor or watch to ensure they are being "reasonable" can use just their own discretion. Also we got the police reports on the raid and there was no reason listed for why they were here. One cop on the scene at the time told my roommate (me and her arrived seconds after they busted down our door) that my husband had been reportedly "slinging" all over town, but this "tip" nor any other reason was given as to the cause of said search. You told me probation alone can not be a pretense to a search but according to the reports theres no other reason as to why they came to search.
My question is this.....besides the lack of a reason to search (cuz he hasn't seen the reports he said I wouldn't be able to get) the attorney we got knows the details yet seems to think that my husband will have to answer to these violations due to the search being business as usual here in California. He seems to think that coming in our house without a PO's knowledge, without anyone home, isn't going to get my husband out of anything. I can't imagine why it wouldn't if what you are saying is correct and I believe it is. Is this attorney worth a crap? He says he knows the DA well and was recommended by a high profile, very expensive attorney but his lack of agreement with what you all outside of California tell me, makes me think hes not the man we should be dealing with. Is there anything I can ask him or something he might say that would indicate hes actually going to fight for my husband's rights or do all that is possible to resolve this?
We have to go talk to this attorney ASAP for they are actively looking for my husband now....for a probation violation that shouldn't even be one! They busted down the door the other night looking for him but I was the only one home. Took me to jail for mouthing off but I was released later that same night. The charge that started all this is almost 6 years old now. It took them almost 3 years to charge him and I'm so sick sick sick of this. I also don't feel my husband should have to answer to anything they think violated his probation and his probation, which was due to have ended the 2 of Sept. should be done and finished like it was suppose to have been, if they messed up, and I think they did, sure FEELS mighty messed up, but what do I know.
By the way, when I told them to not tear up my house, thats not necessary when they are looking for a person too big to fit in a drawer, they said he was still on probation. I said "but you are here to serve a warrant for his arrest, correct?" They didn't answer that, I don't believe, but didn't tear the whole house up neither. My husband wants to turn himself in but also wants to have his defense lined up if possible. If they violate him he might get 3 years in prison, the suspended sentence he got when put on probation. Thank you for having heart enough to help folks like me. I can't tell you the relief it is to know someone who knows something is willing to extend a helping hand to someone who has no green to place in it in return. You got ya some good Karma coming for sure though!
If all attorneys were competent and earned their fees, our firm would be out of a job. However, we would like to think there are some attorneys out there who are advocates for their clients.
While answering your questions, via this limited venue, you have to understand that we are not privy to all the facts of the case so we are at a disadvantage. However, based on the facts that you told us earlier and again just now, it would appear that you have two issues. 1. The questionable search of your residence/killing of your dog and 2. Your husband's probation issues.
If there were no issues from the search (evidence) that affected your husband's probation violation, your attorney is correct. the search of the house is not relevant to that offense. However, the search itself should still be questioned.
It would appear you have two choices, get a second opinion from another competent attorney or contact one of the civil rights advocacy groups in California such as the ACLU or the Public Defender's Office. Ask them for an opinion.
The MPM Group, Inc.