finaplex-h case

ricosuave

New Member
Le m first introduce my self Im new here but being on oher boards for a couple years now, I compete her in Massachusetts and I have a legal question :
Im 36 years old never been arrested I m an electrical engineer of profession (design cell phone Rf IC). Back in July I walked in to my apartment to find my wife at home along with local and DEA agents searching my house on a controlled delivery of finaplex-h, bought any pay with credit card ( since its is legal under federal law unless it proven for unintended purposes) now they found some very small amount of pot less then 1/8, found about 20ml or test, 30 pills of winy, and bottle of G (but came back after a test as no illegal substance fount in it), and some pins. They charge me with the followings: class A with intent ( allege GHB), pos class C (pot), class E (test) with intent, 2 count of hypodermic needles, and for the A and the E , I at the time I use to be close to a school ( 1000 feet but this is very debatable). Now the DEA left the case in the hand of local authorities so after 8 months and 19k in lawyer fees, we got a judge to suppress the evidence sine they did not proof within the warrant the I was using the finaplex-h for human consumption, the DA appeal the ruling of suppression but lost a second time, now my question is the following: after I got a paper form the DA for my persona belonging (excluding the drugs) to be return to me, I went to the local police dept to get my stuff, after 20 min , supervisor came out and straight told me that the DEA was taking over my stuff for a side case and they may press new charges??? Now my common sense tells me, they left the case to local authorities bc the amount that they found was not sufficient for the to take it to federal court right? Now what is the statue of limitation for them to press changes after 9 moths of the arrest (secondly when I was arrested they let me go with no bail? Why will these guys would pursue me further more after a lower court Jude turn down the warrant as not probable cause twice and I mean a 10 year old can reed the warrant and see that clearly , that they did not do any surveillance or did not get tip off by no one??? any comment will be very appreciated
 
The warrant was based on the finaplex-h pellets only, the local DA took over the charges mentioned above, but my lawyer file a motion to suppress, the local court agree to suppress, then the local DA appeal and lost a second time, then he drop charges. The warrant was very vague on its content on the lines such "Im an instigator for 15 years and have being looking into the illegal use of finale-h her in Massachusetts, I notice that this person have bought 30 packages ( no description of what were in them!!) form (name of the company) for about 2 years, and as an experience investigator and in past investigation finaPleX-h its an ileagal substance when is use for unintended purposes,,, and goes on but did mention any evidence to support his claim of the unintended misuse of it, so the judge ( local court suppress the charges) and the local DA drop all charges and gave me a release paper for the local police to give me back my personal property witch include person papers computers and more, now when I went o get my stuff that when a police office came out and talk to me , he told me that the evidence was being transferred to the DEA's for a side case and that they may or may not press new charges . now I made on mistake when I was interrogated , since I was very naive about their tactics they told me that they ad spoken to my wife and that she allegedly had told them that I was converting the stuff and selling it to my close friends and if I allegedly came clear that they will give a slap in the hand and make it easier for me if I did, that the only thing that its making me nervous, so my question is although they know that the warrant its no good to them ( meaning since a lower court had suppress 2 times) do you think that they will go forward worth that statement?
 
it's been a while

hey bro,

I too have had some legal issues in the past few years.
I have been laying very low. Anyways, I am not trying to insult you but why did you go back and try to get the goods? Granted, it was legal and yours but that kind of action will just draw more heat to you.


Pro-Forma
 
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