Legal Question in Criminal Law in Louisiana

Re: Stopped for speeding/search found pot

Usually, in cases like this the officer gets the consent of the driver to search the car. If this is the case, then the search is legal and the evidence admissable. If the officer did not get permission of the driver for the search, it is possible to have the evidence suppressed. I suggest your friends consult with an attorney to determine whether or not having an attorney is advisable or not.

Re: Stopped for speeding/search found pot

Dear LawGuru Friend,

I read your post. I say that the search was not legal, unless your friend consented to it. Of course, cops can always lie and say there were other reasons which gave them authority to search the vehicle without a warrant; and many times they do. Whether or not he needs a lawyer depends on a lot of things. I believe in lawyers, but many lawyers just charge so much money that many persons needing legal representation just can't afford it. Court appointed lawyers are generally competent; but they just have so many cases that they can hardly remember their clients' names, much less get time to work on their cases; and many of them, knowing they get their money from the state, tend to work with the state, not against the state. First of all, check with the D.A. in your hometown and see if you cannot work out a Pre-Trial Diverson (PTD) arrangement whereby the charge is never brought by the DA, and your friend is just put on an un-official probation; and when he has completed that, the charge is dismissed (or never brought). Such a program may be called by a different name in your town, and may work just a little differently; but most DA offices have such programs, especially to benefit first offenders. Of course, if your friend has a prior record, it will be harder for him to get into such a program. There is more to it all than this, but this is something to think about. Feel free to contact me by phone if you want to talk further about this. My phone is listed under my profile page on this web-site. Best of luck to your friend and to you!

Sincerely,

Hardy Parkerson, Atty.

Lake Charles, LA