Legal Question in Criminal Law in New York

Advice greatly needed.

Hello i recently was pulled over for what the police officer said was i had no licence plate lights. After sitting around for atleast an hour because i would not allow the officer in the vehicle he gets a k-9 to search the vehicle. How ever the cop lied about the lights being out, Im hoping i can retrieve the video in the squad car to show this.

Here are my questions

1)If i can prove the lights were working will this get droped

2)What are my chances and what do i have to do to get the video

3) And last what would u do if u were in my situation.


Asked on 9/28/06, 2:52 pm

3 Answers from Attorneys
James Kats James S. Kats, Esq.

Re: Advice greatly needed.

1. Yes, the charges should be dismissed (dropped); because if the lights are shown to be working, there was no reason for you to be stopped.

2. A copy of the video must be produced by the D.A., in accordance with Criminal Procedure Law section 240.20.

3. If I were in your situation, I would fight these charges.

JAMES S. KATS

www.LAWJSK.com

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Answered on 10/01/06, 12:14 pm
Robert Evans Robert S. Evans esq.

Re: Advice greatly needed.

Too many difficult questions to be answered in an e-mail. I need much more specific information before I could begin to help. Therefore if you wish to contact my office I would offer a free phone consultation. You may call @ 7188340087 to take advantage of this offer.

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Answered on 9/28/06, 5:25 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Advice greatly needed.

If any evidence was obtained as a result of an illegal search such evidence can be supressed at trial, if a stop is for the purposes of not having lights and you can prove they were functioning then you may have a chance of getting the evidence thrown out and the case along with it... As far as the video tape its a normal part of the discovery process that all Brady material must be turned over to the defense, Brady material is any material that may go to your innocence... you may request this material be turned over to you as a normal part of the court process at any point or during your next court appearance.

Feel free to contact my office fir further assistance on this matter. 2127098303

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Answered on 9/28/06, 10:47 pm


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