Legal Question in Criminal Law in New York
Criminal
If I am double parked, cops rolling up without lights, sirens in an unmarked car, no badges, dont ask for ID, ask me to step out of the car, search the car, find nothing, threaten me with sniffing dogs and I hand over a bag of cocaine for my personal use outside the car, do the cops have a right to hold my car and cell phone for evidence, forfieture? My husband had nothing and they are holding his cell phones as well and they lied in their report about seeing him hand me the bag and me inserting in my bra. they said they saw this through their tints and ours at night from behind us. (Thats the lie) I believe we were framed.
3 Answers from Attorneys
Re: Criminal
There are various things that could potentially be challeneged here, primarily the orginally approach on the part of the police... secondly their imediate request to have you step out of the vehicle, and thirdly the search if there was no consent... as to the turn over of the drugs, this would be secondarily challenged by challenging the other stuff first. it would be a bit more difficult, in the sense that it was turned over voluntarily. However, that being said if the other things can be challenged then there is still potential for any evidence against you to be thrown out... that being done, or even to a partial degree... the charges will inherently be dropped, and/or plea bargaining will be much more readily facilitated.
some of the things that we should focus on are is there an previous criminal record on the part of either of you, if not what impact would new criminal record have on your lives, if any?
if you need further assistance, you may contact my office at 877.229.3394 and select to speak to me, lead counsel carlos gonzalez... you ay call any time.
Re: Criminal
Unfortunately, the described scenario has become a quite frequent occurrence in certain parts of Brooklyn. There is a number of issues here that could dtermine the posture of this case: from the initial stop to the search to the eventual seizure of certain items from your car and your person. While the police have the right to seize an object that they belive has been used or was somehow instrumental in the commission of the alleged crime (e.g., cell phone/car in a drug deal), there are limitations as to what can be seized and under what circumstances.
Feel free to contact my office for a more detailed consultation.
Re: Criminal
You should speak with an attorney, so that they can get all the facts and then make recommendations based on your specific case. You and your husband should each have your own attorney.
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