Legal Question in Criminal Law in Michigan

the defendant was a passenger in a car. the police stopped the car the driver and passenger got out. the police told them to get back in the car. the passenger ran the police pursued and did not catch the defendant. the driver was detained. however, the passenger was charged with a gun that was under the passenger seat and drugs that were found on the floor between the driver and passenger. there was a gun found under the driver's seat but the driver was only charged with the possession of a taser found in her purse. a preliminary exam was held the driver told the cops that the passenger was someone else other than the defendant, nevertheless the defendant's fingerprints were not in the car. should a motion to quas be filed since there was nothing in the testimony by the cops that they saw the defendant do anything wrong or had been engaged in any criminal activity prior to the stop.


Asked on 3/06/11, 6:32 am

3 Answers from Attorneys

An experienced criminal defense attorney would be in a better position to do a full analysis of this situation. However, for now, you should read a bit more about search and seizure issues by going to:

www.AggressiveCriminalDefense.com

Read more
Answered on 3/06/11, 7:19 am
William Morrison Action Defense Center

By all means, file a motion to quash. Once the judge hears all the perjured testimony involved, things will get really interesting. Make sure you have someone drive you to court and wear loafers to the hearing.

Read more
Answered on 3/06/11, 7:31 am
Jules Fiani Law Offices of Jules N. Fiani

Yes. It would be great to discuss this matter with you.

Jules N. Fiani

Attorney at Law

586-457-5501

Read more
Answered on 3/07/11, 8:02 pm


Related Questions & Answers

More Criminal Law questions and answers in Michigan