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.
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
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.
Yes. It would be great to discuss this matter with you.
Jules N. Fiani
Attorney at Law
586-457-5501
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