Legal Question in Criminal Law in New York

search and seizure

I am 16 years old and live in Penn Yan, Ny. I am being charged with Criminal Possesion of a Weapon in the 4th. I have been to court several times and requested a plea bargain. The DA's deal was 3 years probation and s.w.e.e.p's for 8 weekends. When I was searched based on probable cause that I had a marijhwana pipe. They did not find a pipe but did find one pair of brass nuckles. My mother thinks I should take it to trial because it was an illegal search. I need advice.


Asked on 3/21/07, 6:16 pm

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

Re: search and seizure

Determination of the legality of the search is a PRE trial issue. An attorney will make the appropriate motions and (hopefully) get a pre-trial hearing on the issue. If the search was "bad" and the evidence is suppressed . . . no need for a trial. BOTTOM LINE: As is always the best advice - GET AN ATTORNEY

Read more
Answered on 3/21/07, 7:58 pm
James Kats James S. Kats, Esq.

Re: search and seizure

If the search appeared illegal, a motion to suppress the evidence should have been made within 45 days of your arraignment (or a retained attorney appearing on your case). Then, a hearing would be held to decide if the search was illegal.

James Kats, Esq. www.lawjsk.com

Read more
Answered on 3/24/07, 9:38 am


Related Questions & Answers

More Criminal Law questions and answers in New York