[Also the "good citizen" that seen the plants rhe green house etc the snitch also supposively seen the 400 a month electric bill and that made him "suspicious" to look into it amd the police will not let the snitchs name be known.]
I know this is an old post, and I'm sure it's all over with by now. I just wanted to make the point for others in the same [snitch] situation, that, You have the right to face your accuser!
Questions I would of had a lawyer ask [or would of asked myself]
1. What is the name of my accuser?
If they will not give you a name, then it is a violation of due process, and will be thrown out on appeal if not during arraignment.
2. Was an actual accusation made, and if so, was it in the form of a signed and witnessed affidavit?
If not, then it is hearsay, and should be thrown out of court. Imaginary or made of friends and or accusers can not stand as fact in a court of law. Casper, the friendly "good citizen" Ghost can not make an accusation against you. Only a 'person' has the lawful ability to file a actionable complaint.
3. I need to see a signed original [not a copy. This is important in law. Never accept copy's of anything as proof of anything] of any accusation.
4. Was this accusation the excuse for a warrant?
5. Was there a warrant at the time my property was entered?
6. Was a formal accusation in the form of a signed and witnessed affidavit in front of the judge at the time or before a warrant was signed?
A whiteness to the signing of an affidavit is critical. If it's not witnessed, then it is not legal. Case thrown out of court.
I'm not a lawyer [wouldn't lower myself to that level] and this is not legal advice. These are just some technicalities that should always be asked, that many lawyers and paralegals may not know or want to deal with. A lawyer can actually get in trouble with the court for asking the court to prove themselves. I have been studying law now for almost six years, so this is not just opinions from a peanut gallery. You should also add to any discovery, proof of the cops, judges, oaths of office. They also need to be sighed witnessed, and stamped by the clerk of the court.
