Legal Question in Criminal Law in New York
Hello and thanks for your time.
I was pulled over today, I wasn't sure why. After checking my licence I was let go and told to get my inspection updated. after turning around and about to pull away she asked me if I had a brother. after i said yes she asked me to get out of the car so i could be checked because she thought i was my brother trying to use my i.d. My brother has been in trouble quite a few times, I have never been in trouble this is my first offence. after searching me she searched the car and found a pipe and a very small piece of pot.(.2 maybe) i explained to the officer that i do smoke but have many problems stemming from a hit and run when i was young, and have many problems walking as well as eating and digesting food. she said i should bring the info to the court, even though n.y. doesn't allow medical marijuana the judge might let me go because its my first offence. I was also ticketed for no seatbelt although i was wearing it. after speaking to another officer i know he said she gave me the seatbelt ticket to cover herself for searching the car. He also said i should fight it. what do you think the best course of action is. the vehicle was not mine that i was pulled over in. and i was wearing my seatbelt.
thanks again
4 Answers from Attorneys
It sounds like an illegal search which would result in all the stuff found in the being thrown out of court. Your problem is that she is prepared to tell a pack of lie in court. Fight the case because if you lose the worst that could happen would be a fine assuming it was a small amount of pot or if they offer an ACD ( or ACOD ) take it.
First step.
Contact a good criminal defense attorney who may be able to discuss this situation more at length with you.
Info to know.
Depending on the amount of marijuana found you may be charged with a misdemeanor or felony, which if your found guilty of would lead to you having a criminal record for the rest of your life...
Generally, ny state permits the acd discussed above on all first time minor marijuana charges. However, you may have an excellent constitutional defense as a result of an improer search and seizure in violation of the fourth amendment of the US Constitution.
If you would like to contact us to discuss matter at length and are considering hiring an attorney contact me directly at 212-405-2234
You should retain a competent criminal defense attorney to protect you rights and your future. You may have a suppression issue ,which if granted would preclude the State from introducing the physical evidence to wit the pot. This will likely result in the dismissal of those charges. You may contact my office @ 7188340087 for a phone consultation.
You should not expect jail time, but it would be highly recommended to have an experienced lawyer with you defending you and preserving your rights in court. It would also greatly increase the chance of lowering the charges or possible dismissal. We have substantial experience handling these types of cases and reasonable fees, however, we would need some more information before making a complete and proper determination. You are welcome to contact us for a free consultation.
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