Legal Question in Criminal Law in Michigan

Am i too late?

I was sitting after dark in a public park lot. An officer drove up to my vehicle and asked what i was doing. I had been arguing with my wife. My answer was ''looking for a quiet place to burn off some steam.'' He asked if I had any contraband in the vehicle my answer was no. He walked around the car and to my side of the vehicle than asked me to step outside. When asked to step outside I confessed that I had less than an eigth of an ounce of weed and a bowl. He confiscated the marijuana and wrote me a ticket for possesion of marijuana and drug paraphenalia. Did I have to step out of my vehicle and did he even have a right to talk to me considering that my vehicle was parked. The park closed at dark but does that give him a right to search me? Finally do I have any options, or should I just plead guilty and accept the charges? Please give me any advice that you may have. Thank You!


Asked on 3/21/02, 7:45 am

1 Answer from Attorneys
Eric I. Kutinsky THE MICHIGAN LEGAL TEAM, P.C.

Re: Am i too late?

You should absolutley NOT PLEAD guilty. First of all, there could be a fourth amendment issue regarding the search. Secondly, there is a good possibly of getting the matter taken under advisement (TUA) if you don't have any controlled substance priors. Lastly, an attorney can help tremendously in the sentencing phase of your case. Please feel free to call my office to discuss the matter further. Office (248) 737-7000 or 24 hours at (800) LAW-6685. Best of luck and I hope to talk with you soon.

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Answered on 3/22/02, 1:13 am


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