Can an arrest warrant be issued for delivering and manufacturing meth if it was found in your system while being hospitalized? 27 Answers as of June 27, 2013

My 19-year old grandson overdosed and almost died Wednesday. They found six drugs, including meth, in his system. Earlier he reported to the police that an acquaintance had stolen $100. He won money from a scratch off lottery ticket. Now, they are charging him with delivering & manufacturing meth. How can they do this?

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Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
No, just having the drug in your system is not a basis for a charge against you.
Answer Applies to: Kansas
Replied: 9/19/2012
Law Office of William L Spern | William Spern
Possession yes. Delivery no. Get an attorney or have one appointed now.
Answer Applies to: Michigan
Replied: 9/19/2012
Myles Hahn III Attorney at Law | Myles Hahn III
He should hire an experienced criminal law attorney to defend himself.
Answer Applies to: Illinois
Replied: 9/19/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You'll get your answers about what and why police and prosecutors did things, and charged they way they did, but only when your attorney gets the discovery files in court at your arraignment. Once you have all the pleadings and police reports, then your attorney can determine if there are grounds for evidence suppression or other motions, or defenses to use in the case. Without knowing all those factors, any opinion would be worthless speculation.
Answer Applies to: California
Replied: 9/19/2012
Universal Law Group, Inc. | Francis John Cowhig
It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your grandson's arrest. He/she would then be in a better position to analyze his case and advise you of your options.
Answer Applies to: California
Replied: 9/21/2012
    Hamblin Law Office | Sally Hamblin
    They can do it. Can they prove it. The guy needs to keep his mouth shut and talk to an attorney.
    Answer Applies to: Michigan
    Replied: 9/19/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The only way I know that he could be charged with delivering is if the drugs in his system were packaged when at a later time he would pass or othersie expel the drugs for sale. If this is the case he can be charged. Your grandson need serious assistance not just from an attorney but from drug therapist as well. There are programs available if he is willing to avail himself of same.
    Answer Applies to: Alabama
    Replied: 9/19/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    If the police got a warrant based on information from him or others it can be challenged in court by his lawyer. If it was a legal warrant based on probable cause it will hold up in court. If it is held to be an illegal warrant the drugs will be suppressed and the case can be dismissed. You should retain a good criminal lawyer to handle the case and get him into drug counseling before he dies of an overdose. Meth is the worse drug in the world and it does a lot of damage to your body.
    Answer Applies to: New York
    Replied: 9/19/2012
    William L. Welch, III Attorney | William L. Welch, III
    Overdosing alone would probably not be sufficient evidence for a distribution charge. The prosecution would have to have additional evidence which should be disclosed to your grandson's attorney in the discovery process.
    Answer Applies to: Maryland
    Replied: 9/19/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Get an attorney quickly. They can charge him with all sorts of things, but whether the charges will stick and whether the state can prove each and every element of the offense is the big question.
    Answer Applies to: Florida
    Replied: 9/19/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Unless the police have eyewitness testimony of proof of physically delivering the drugs, your grandson should win this case straight out. Hire an attorney for him, this case should not even make it to trial, short any other evodence you may not know of.
    Answer Applies to: Illinois
    Replied: 9/19/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You are believing what your grandson told you. I would not be so quick to believe anything he is saying.
    Answer Applies to: New York
    Replied: 9/19/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    A prosecutor must believe that he or she can prove this charge. Keep it mind that it's possible that you don't have the whole story. Your son likely needs a talented attorney to help him. If your son actually got the money from a lottery ticket, then he will have a winnable case, but he needs legal help.
    Answer Applies to: Utah
    Replied: 9/19/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Without knowing all the evidence that the police have I am not able to give you a complete answer. However, to arrest and charge a person with a crime the police and the DA must have evidence to prove to the judge that a crime was committed and that the accused was involved in the commitment of that crime. The level of proof to prove this is low, much lower than beyond reasonable doubt. Some of the evidence that may be used is the amount of drugs the defendant has in his possession, an abnormally large amount of cash, and sales items such as baggies and a scale.
    Answer Applies to: California
    Replied: 9/19/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    They are charging him because they have received information independent of his drug use to establish that he was distributing.
    Answer Applies to: Georgia
    Replied: 9/19/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    They have more evidence than you are being told.
    Answer Applies to: Missouri
    Replied: 9/19/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It sounds like you don't have all the facts. Did the police serve a search warrant? Did they find drugs on the defendant? Drugs in the system would not justify delivery charges. There must be additional evidence that you have not seen. To answer your question, a warrant can be issued and probably will be issued.
    Answer Applies to: Washington
    Replied: 9/18/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Steven Alpers | Steven Alpers
    I would need to see the full police report to guess what evidence they have against your son.
    Answer Applies to: California
    Replied: 9/18/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Sometimes charges are written in the exact terms of the statute and so sometimes seem to cover things that do not apply to the actual case. Having drugs in your system is often found to be 'possession' but not manufacturing. Maybe the police know more about the situation at this point.
    Answer Applies to: Colorado
    Replied: 9/18/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    They cannot charge him with meth in his system. Get him a lawyer and tell him not to talk with the cops. We do offer a free consultation.
    Answer Applies to: Nebraska
    Replied: 9/18/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    It does not sound to me that they have proof.
    Answer Applies to: Nevada
    Replied: 9/18/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    I would have to see the police reports. The attorney that is representing your grandson will have access to the reports. There is a chance that he was overcharged. The attorney that represents your grandson will have to try and get the charges reduced at a minimum. There might even be a chance that the attorney could file a motion to get the charges dismissed. Once again, with the police reports it is very difficult to see exactly what is going on with his case.
    Answer Applies to: Illinois
    Replied: 9/18/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Of course they can. Your grandson's going to need a lawyer, and soon before he talks more and incriminates himself further.
    Answer Applies to: California
    Replied: 9/18/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Something is missing and your 19 year old grandson may not be providing all of the facts, he need and attorney and, apparently a drug rehabilitation program. Be care to help, not enable, him.
    Answer Applies to: Michigan
    Replied: 9/18/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    The is if he admitted to providing the meth or sharing the meth which equals delivery.
    Answer Applies to: Michigan
    Replied: 9/18/2012
    Gates' Law, PLLC | Thomas E. Gates
    Do not have enough facts to respond.
    Answer Applies to: Washington
    Replied: 6/27/2013
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