Legal Question in Criminal Law in Colorado
search & seisure
I was passenger in my own vehicle when my fiance was taken into custody and they searched my car & found marajuana & paraphernalia & I told them it was OURS when they asked...I lied. It was his alone. Now I am charged & have to go to court, can I fight it? They have no proof it was mine at all. Can I fight it and get it thrown out of court?
Asked on 9/14/07, 12:25 am
1 Answer from Attorneys
Philip Rosmarin
Rosmarin Law Firm
Re: search & seisure
Depending upon the circumstances of the search, the evidence against you, including your statement, might be thrown out.
If the search is good, I'm afraid there was probable cause to arrest you: you gave them probable cause. Your challenge will be to convince the jury that you were lying then, but not now. That's not a challenge you should welcome.
Answered on 9/14/07, 11:54 pm
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