Legal Question in Criminal Law in New York

Drug Possession - Urgent back to Court in 3 days

This may be a bit long but: I was pulled over at a fire hydrant when undercover narcotics officers pulled alongside my car and asked what I was doing there. My husband was asleep in the back and my friend in the front started answering.The police ignored us answering and puleed my husband out of the car and told him they were going in his pockets would anything happen to them. They took my friend out of the car as well and told me to remain with my hands on the wheel. My husband sasid he might have needles in his pockets.They then started rooting through my bag and found what ended up being 9 empty bags of heroin. We were all arrested and I have to go back to court on Jan 23rd. I may not have the oney for a private attorney and was given the same lawyer as one of my codefendants. I do not know what rights I have regarding getting the results of the lab reports. I believe the whole search was illegal on their part. Please any advice would be appreciated.


Asked on 1/20/07, 6:35 pm

2 Answers from Attorneys
Craig McElwee Law Offices of Craig E. McElwee, LLC

Re: Drug Possession - Urgent back to Court in 3 days

Having the same lawyer as your co-defendant is a "no-no" which means you should and probably will get a different attorney assigned on the case. Your interests may conflict with the interests of your co and therefore you need different representation. Regarding the legality of the "stop," and the lab reports . . . this is information that will become available through discovery and motion practice. When you are entitled to discovery depends, in part, on the degree of the crime and the stage of the proceedings.

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Answered on 1/20/07, 7:03 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Drug Possession - Urgent back to Court in 3 days

Overall you will have a right to lab reports, there will be no search warrant associated with this case more htan likely as it more than likley was simply the product of a stop and frisk.

Part of the legality of the search will have to do with whether that area was well known for drug purchases, how long you were being watched, did they tail you from some other location, did they witness you buy anything, etc. etc. - Overall my firm handles MANY cases like these regularly. We would be able to assist you with this and be able to offer you a reasonable payment plan in order to make payment for this case.

Generally, you will probably be given another public defender - as there may be a conflict. However, in many instances if the case is not severed you may not have your attorney physically appear with you at all court appearances.

Feel free to contact my office for further iscussion on this case. You can email us at the address provided below, you can call us directly at 2127098303, or for further free information on the criminal justice process you can visit our website at

www.cgonzalezlawfirm.com

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Answered on 1/21/07, 11:40 am


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