Legal Question in Criminal Law in Colorado

am i in as mush trouble as it seems

If i was pulled over for a broken windshild and didnt have an id on me dose the male officer have right to detain and search me inside my pockets if only to take me to get fingerprinted if he found under a gram of meth on me am i looking at jail time? He let me go with charges pending and i talked to the detectives and they wanted me to turn someone in I said no and now am waiting for them to file charges


Asked on 3/19/07, 5:08 pm

3 Answers from Attorneys

Marc Milavitz The Alternative Law Office of Marc Milavitz

Re: am i in as mush trouble as it seems

First of all, depending on the severity of the windshield crack, the stop of your car may have been illegal. Secondly, the cop has to either have a legal resaon to detain and search you or he needs your consent. If he had neither, the search of you and finding the meth is illegal. Finally, you should make no deals with the cops, as they have no authority to bind the DA. You need a lawyer immediately, as you should not be speaking to anyone about this. Good luck.

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Answered on 3/19/07, 6:04 pm
Jason Savela The Savela Law Firm, PC

Re: am i in as mush trouble as it seems

take a photo of your windshield today - several showing the crack - the determinative issue is whether the crack was in your line of vision necessary to drive

as for the arrest, not sure why they brought you in - I assume from your facts that you had a drivers license, but you just did not have it with you. it is doubtful that that is an arrestable offense. If not, and you did not agree to a ride in the cop car, then the search is likely illegal. Even if you agreed to a ride, you may not have agreed to a ride if it involved a search.

a small amount of meth or cocaine is still a felony and can cause a license revocation etc. you never want to get a felony no matter what the deal

those "deals" are rarely a deal

get an attorney

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Answered on 3/19/07, 7:09 pm
Philip Rosmarin Rosmarin Law Firm

Re: am i in as mush trouble as it seems

Actually the officer seems to be the one in mush trouble, as far as any evidence he gathered, unless he asked you if he could look in your pockets and you said sure.

Absent other information about what caused him to stop you, there seems to be no probable cause for him to search you, so the meth he found shouldn't be admitted in court.

If you can afford an attorney, hire one. If not, apply for a public defender ASAP.

Good luck.

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Answered on 3/19/07, 8:31 pm


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