raided

J

jakesnake

Active Member
I got raided while on vacation, my roommate called while I was at the beach.

No plants or drugs found, just equipment they perceive to be 'grow equipment' and my 3 RooRs & digital scales.

They left without arresting him, gave him a phone number for me to call. I called the detective and he said I'd be charged Monday/Tuesday with felony maintaining a dwelling & cultivation.

I asked if they'd be trying to take my house and they said no, not enough evidence.

How the F* do they have enough evidence to charge me with all that crazy stuff but not take the house, which seems to go hand-in-hand.

I guess my question is....is it possible to be convicted for cultivation when no plants were found?
 
K

kaloconnection

Well-Known Member
Possessing grow equipment is not illegal, especially if there was no evidence (beyond reasonable doubt) that the equipment is intended for cannabis cultivation.
Why did they even raid your home in the first place, if nothing was going on?

You probably will have to lawyer up, but I think you could easily get your case dismissed seeing as there is little evidence the equipment is intended purely for cannabis.
 
J

jakesnake

Active Member
NC, my roommates ex=stripper girl apparently got mad at him and she told them we were growing, and then they found roaches in my trash and that was there warrant. But we weren't growing, they didn't even find a leaf, a root-ball, nothing, no drugs.

I find it really strange that A) they didn't take him to jail B) I have no warrants C) say they can't take the house D) that they're still trying to charge me with the stuff they are without any real evidence.
 
ciscoin313

ciscoin313

Member
What if you where just growing tomatoes or lettuce how do they know what your growing with know evidence...I would tell then you have been growing your own vegetables in fear of GMO's out there..
 
tip top toker

tip top toker

Well-Known Member
A lawyer will be able to explain your local laws a bit better, but it seems rather unlikely that they can charge you with cultivation if they have no evidence of cultivation. Get a lawyer, don't tell them shit.
 
I

IC3M4L3

Well-Known Member
lol,, i reckon your roommate said sumthing

obviously u forget the first rule of grow club?? DONT TALK ABOUT GROW CLUB,? and the 2nd rule? yes u got it,, dont talk about grow club!

silly

tell em you grow peppers, but make sure u actually know the method incase they try quizing u on how
 
Jimdamick

Jimdamick

Well-Known Member
Being charged Monday or Tuesday? You should have told him you were busy both those day's, how about when I get back from Canada. Seriously though, you should arrange for bail in case they want some, ask for a PD because I'm assuming you don't have a lot of money, and when he say's do you want to make a deal, tell him no, I want a trial, and when the judge see's the evidence, he's going to laugh. They might have had enough evidence to get a warrant, but without some trace of actual cultivation, as the saying goes, they got squat. You could even sue for false arrest if they drop the charges. Plus they gotta have bigger fish to fry than you. You'll be fine, just keep cool. Peace
 
Trousers

Trousers

Well-Known Member
I stopped reading at "stripper girlfriend."
Roommates and growing don't mix, much less roommates that have (even ex) stripper girlfriends.

If they can not prove you were growing they have nothing.
 
iblazetoomuch

iblazetoomuch

Active Member
They would physically serve you the court summons if they were going to charge you, in order for that to happen the district attorney has to approve the charges based on the evidence, and whether he thinks its got enough probable cause. I was kind of sketched out at first like thinking you got jipped by someone, but if the detective number and such was legitimate, they probably would ask you to come meet them, take your statements, and then issue you the summons to appear in court.

Doesn't really mean much tbh, its good that you were not growing though.
 
Jimdamick

Jimdamick

Well-Known Member
jakesnake said:
How long will all this take to get resolved? I'm ready to move to Denver like yesterday...
Click to expand...
Depends on the backlog of cases. Count on a month though, if it even goes to trial. The prosecutor won't waste their time on this. The cops will probably offer you some BS about plead to this and we'll give you that. Tell them to go fuck themselves, on second thought don't say that, but do say talk to my lawyer. Oh, and I would find another place to live. Denver sounds nice. Peace
 
Southerner

Southerner

Well-Known Member
Get a lawyer, gana cost at least 5k just to get them to start looking at it. If it goes to trial its gana cost a lot more, but chances are it wont if the DA doesn't think its worth the time.
 
J

jakesnake

Active Member
I've got an attorney lined up to go with me Mon or Tues, i'm thinking moving really is a must after this...I'll be on there radar big time even if I beat it...

What about the "felony maintaining a dwelling" charge, can that stick with only paraphernalia??

Has anyone ever been convicted of cultivation with only hear-say and the equipment?
 
tip top toker

tip top toker

Well-Known Member
Southerner said:
Get a lawyer, gana cost at least 5k just to get them to start looking at it. If it goes to trial its gana cost a lot more, but chances are it wont if the DA doesn't think its worth the time.
Click to expand...
Are you serious? If you're spending that kind of money on a lawyer for a case like this youre acting the fool.
 
ProdigalSun

ProdigalSun

Well-Known Member
They are trying to get you to talk yourself into trouble. Unless you give it to them, they dont have anything. If they had enough to convict you, they would arrest you.

[video=youtube;6wXkI4t7nuc]http://www.youtube.com/watch?v=6wXkI4t7nuc[/video]
 
yankeegreen

yankeegreen

Active Member
I hear this guy is pretty good.

saul.jpg

Seriously man, they don't have enough to pursue. Take the advise given and don't talk yourself into a problem.
 
Crankyxr

Crankyxr

Well-Known Member
I've been caught up in the justice system a good amount of times and I'll tell you this...
Don't answer any questions. Don't give them shit!
Repeat after me, "Speak to my lawyer/attorney."
That is the ONLY thing that you should EVER say to law enforcement.
Not answering an incriminating question will not make you seem guilty/suspicious in court.
In your defense, less is more. The more you talk, the more evidence they will have against you and others involved (even if you're truly innocent).
 
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