Legal Question in Criminal Law in California

i know that 11550 is a 90 day jail time or prop 36. i dont want none of those. say i want to to take it to trial, and have the jury decide whether the police had the right to initiate a terry stop, just because he thought i was someone else, once he noticed it wasnt the person he should of just let me go on my way. And how could i ask my public defender about getting the voice record from the police car while he was stoppin me and will he do that


Asked on 3/07/13, 11:46 pm

2 Answers from Attorneys
Kelvin Green The Law Office of Kelvin Green

Juries dont decide if the Terry stop is proper. The supression of eveidence is decided by the judge. Your PD can ask for discovery. You have an attorney, I suggest you communicate with him...

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Answered on 3/08/13, 7:10 am
Amber Lunsford Lunsford Legal Group

Juries are finders of fact, judges interpret the law.

If your attorney feels challenging the stop is appropriate, he or she will have to file a motion. Suppression motions are incredibly fact specific. It may be that the attorney finds something wrong with the "Terry stop," or another challenge. The motion will be heard before trial. If you win the suppression motion and there is not sufficient evidence other than what was suppressed, charges may continue, though in many cases charges are dismissed because the DA can no longer prove the charge beyond a reasonable doubt.

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Answered on 3/08/13, 12:05 pm


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