Legal question...What do you think based on education in US law?

[bachir93]

Okay this person is currently incarcerated in Washington State (Pierce County Jail) the charges he is facing are unlawful possession of a stolen firearm, and two counts of possession of a controlled substance with intent to deliver... So a friend of mine makes really really really bad choices and now a few of those choices have landed him in the slammer, i would like to know what his options are and what the outcome could be based on the information i provide. This is the short version. So there was a warrant out for his arrest (Because he was on probation and failed a drug test) for 9 months and in May the police finally caught him. His place of residence was his mothers house and because they had a warrant for his arrest the officers were able to search the house, they found nothing there but and address book (belonging to him) with listing of places that he might be. One of the people listed was his pregnant girlfriend so of course the police went looking for him there and found him sitting on the front porch with her car/house keys in his pocket. The police put him in hand cuffs and went on to question his girlfriend who told them "Well you can search the house because i know your going to search it when you get a warrant any way", the police entered the house and on the coffee table found an small baggie of cocaine and marijuana, the girlfriend then lead the officers to the bedroom and they asked her "if he had anything illegal here where would it be?" she told them "under the mattress", they looked under the mattress and found some packaging materials and a small scale. The officers then asked the girlfriend if there was anything illegal in the car and she told them there is a gun in the trunk but didn't give the police consent to search the car, and they searched it any way....He feels like he can fight the case and beat it because the police searched the car without permission and because they searched her house and he was not living there. I think i have given you a good idea of how where this is all going. So this guy went to court and they offered him a 72 month plea bargan and if he takes it to trial and looses he would end up with over 100 months. In my mind i feel that he should take the deal because his girlfriend gave the police the go ahead to search her place, and even if he takes it to trial and beats the pistol charge they can stick it to him with the possession of a controlled substance with intent to deliver just because it was a legal search and seizure. Give me your EDUCATED OPINION please.

(He was on probation because he had been released from jail in July 2011 after doing 18 months for a robbery)

[victorio83]

he should take the deal..he has no money so he's not going to get a good enough lawyer to get him off, and the DA can always add more charges if they want.

[jasper]

"So a friend of mine makes really really really bad choices" are your words.
From the rest of the information, that is a serious understatement. Your friend is in serious felony territory from repeat offenses. Basically, jobs and honest working would be a complete change. Weapons also. If you are not involved in any of this, the best I can tell you is that friend is a terrible influence to you.
He is not in a position to understand the law. Unfortunately, I have to believe he relies on a public defender.
Any commission of a crime or evidence of firearms, despite being dismissed, can still yank the probation to serve the rest of that sentence. They need very little to do that.

They don't need permission to do the search if he is on probation, and any hint of probable cause would be supported by the judge. If they are only offering a 72 month on a maximum of 100 months (and I hope that was according to the lawyer, the prosecution is fairly certain of a conviction and making to offer to close the case. Lucky they are not looking to find more charges.

You are talking a really messed up person. Pregnant girlfriend, drugs, probabation, felonies including theft, firearms.

[ricki]

He should take the deal. The complete search was legal. They had permission to search the house. Once they were told there was an illegal gun in the car trunk, that clearly covered "probable cause."
All evidence gathered will be admissible in trial. Once the jury hears about a convicted robber who was violating probation and had possession of an illegal gun & drugs with intention to distribute, they will gladly taken him off of their streets for the maximum allotted time of 100 months.
He should deal down to the 72 months.