Alcohol & Drugs: MIP, MIC, Intoxication Questions on mushroom culivation

[demifiend]

My sister was arrested for growing mushrooms in her house a few weeks ago, she was charged with Manufacturing with Intent to Distribute, and possession of controlled substances. While in jail the police searched her home two times. Her court-appointed lawyer has told her he really does not have any info on her case until she is indicted. This is what I know: She was growing, but she was not distributing. There were no baggies or scales in the house because she was not selling them. Her husband was assaulting her, so her son phoned the police, at which point her husband, once knowing she was going to press charges for domestic violence, informed the police of the mushrooms. He was charged with the same counts she was as well. Here are the questions I have:

She was told in a letter by her husband who is still in jail, that she was going to be charged with child endangerment in the next week or so. Her husband is not allowed to contact her, and she is considering showing the letter to authorities but he also states lies in the letter, such as she has hidden drugs on the property, that she was also manufacturing other drugs... I think he put this in the letter to scare her from showing the police. I looked online and it says in WV that child endangerment is no less than 10 years. Is it likely that they are going to charge her again, now that she is out on bond, and is it likely she would get 10 years for that charge?

Also, I don't know anything about drugs and their charges, how likely is it that her counts will remain felonies, or do they usually make plea deals for lesser charges? Also, she had a job online designing websites, and the police took her computers. How likely is she to get these back, and when? She had to get another computer to continue her work, and I am worried they may search her house again, and take the new computer too. Is that possible?

Thanks for your time, I am going crazy wondering about her case.

 

[seniorjudge]

Q: Is it likely that they are going to charge her again, now that she is out on bond, and is it likely she would get 10 years for that charge?...Also, she had a job online designing websites, and the police took her computers. How likely is she to get these back, and when? She had to get another computer to continue her work, and I am worried they may search her house again, and take the new computer too. Is that possible?


A: We can't see into the future.



Q: Also, I don't know anything about drugs and their charges, how likely is it that her counts will remain felonies, or do they usually make plea deals for lesser charges?

A: It depends on her record and the severity of the current charges.

 

[demifiend]

Thanks for the reply. She has no record, she has never been in trouble before.

 

[calalily]

From my understanding if you have a large quanity of drugs then the law assumes you have the intent to distribute whether or not there were scales and baggies. Have her give the letter to her lawyer NOT the police. Personally I'ld wouldn't do anything with the letter other than toss it as it implicates your sister in other things and could/may be used against her. It's not worth it to try and get her husband on the no contact charge. In the future she can just refuse his mail and return to sender. She should do things through the lawyer from here on out not on her own. The pleas always depends on the case and it sounds like she had a lot of mushrooms and yes she endangered her child on many levels by having them in the house. And yes, they can take the new comnputer if they search again. I am sorry your family is going through this and it is good your sister has you trying to support and help her. Keep us updated on what is happening.

 

[demifiend]

Thanks for your info, calalily. I already have an update... unfortunately my sister was already in court and so I was unable to call her with the advice about not telling the law about the letters. Our mother, who assisted with her bond payment, told her if she did not go through with trying to keep her husband in jail as long as possible that she would be disowned. So my sister spoke with the magistrate, who filed the original PO, and the magistrate informed her that it was not a good idea either, because they are the state, and therefore could use info against her, but said she understood my sister was afraid, and did not make copies of the letters. She told her that showing the family court judge the letters was safe, because they could not be used against her in family court. She was told to file a contempt of court against him, and then it was time for her to go to family court to continue the PO, but it was a continued because the jail had not brought any prisoners to court that day.

While there, two sheriffs asked to speak to her privately, and they told her that the states attorney was more interested in her husband, because he has an extensive record, and she has none. They wanted to know if she would speak to them about activity at the house, and she told them she would have to discuss it with her attorney. She said they told her child protective services said she wanted to talk to them. She's been in contact with CPS, because she has begun her improvement period to attempt to regain custody but she never told them she wished to speak to police regarding any matter. They told her she may want to consider moving because she lives in a remote "holler" (that's WV speak for a long road off a main road), and her husband's bail has been reduced by half as of last week. When she mentioned how she had begun her improvement period for her children, she said they smirked as if they knew something she didn't. So she said she would speak to her attorney and collected a name and number from them.

Anyway, she returned home, phoned me, and phoned her lawyer, who has yet to return her call to advise her on this latest development. I used to watch court tv a lot, but now I have a real life court drama building in my family, but this is one I'd rather not sit on the edge of my seat watching. She told me she was glad in a way this happened, because it gave her the opportunity to get away from her abusive husband, but I am fearful of what these charges against her may bring eventually. She has already contacted a domestic abuse lady, who has been helpful to her with suggestions. Her bondsman told her he would refuse to bond her husband out, but there is another bondsman in her town, which is very small. Can someone please tell me, how is it possible that a states attorney who has been convicted of several DUI's is able to prosecute? She was told by the domestic abuse lady that they use the good ol' boy court system in her town, whatever that means. Sorry this was so long-winded, I am not with her and don't have anyone to discuss this with except her on the phone. We are both keeping a notebook, to keep track of things we should do, questions we should ask, etc.

 

[calalily]

I would still be very cautious about someone saying "we're not interested in you, only your husband." They can and will use what she says against her. All communications with the police should be through her lawyer or with her lawyer present. Sounds like you're hanging in there. your sister is lucky to have you by her side.