Legal Question in Criminal Law in New York

Wrong person recieved an Apperance

Very recently I, and a large group of friends were tailgating in Queens when we were approached by 5 undercover officers who initially stated there intentions were to check ids to verify age of consumption. One of the officers proceeded to search one individuals pockets and discovered a small amount of marijuana. Subsequently, searches were conducted on all 12 people in the group, and the three cars, 2 of which were closed. Marijuana was discovered in one open car and 1 closed car. as well as on 1 other person. The marijuana found in the open car was not property of the owner, rather myself. She denied ownership to the police stating it was another persons. They never made mention to the group or asked any questions. Simply open container tickets were issued across the board to the group and 4, 221.05 citations to three rightful owners and one to the unlucky girl. Is there anyway legally responsibility could be shifted for the marijuana off her to myself?? Also, it is my understanding this is now a violation in NY, could this now affect an open ACOD for 4th degree Criminal mischief in Nassau?? And for kicks do the searches seem as though they were on the up and up??


Asked on 5/28/08, 4:09 am

3 Answers from Attorneys
Robert Evans Robert S. Evans esq.

Re: Wrong person recieved an Apperance

As stated by the other answers submitted, there are improper search issues. This would have to be litigated. The time and costs to litigate might not be economically feasible. That being said I believe I can help resolve all issues at a minimum of time and expense. If certain factors prevail the ACOD will not be an issue nor will the possibility of jail or a criminal record for you or your lady friend. Please call my office@7188340087 for a free phone consultation. You will need a competent criminal defense attorney to get it right.

Read more
Answered on 5/28/08, 5:13 pm
Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: Wrong person recieved an Apperance

1) The initial first search seems somewhat iffy, now that being said if that is true as a result all subsequent searches are out as well... meaning all possession charges would have to be dropped.

2)There may not be much of a reason to seek to shift the burden, as it may be able to defeat the charge as described above

3)this is a 'violation' and as a result no criminal record would be created from the plea to such a charge

4) although it is ONLY a violation, it very well may open up a previous ACD - this is up to the discretion of the people and the court, however... the defense should submit a motion to terminate the ACD

MUCH LUCK -

if you and your friends need any further assistance feel free to call my office for a free phone conversation, or to schedule an in person free consultation.

You may reach us at 212.709.8303

Read more
Answered on 5/28/08, 4:23 am
Savyon Grant LAW OFFICE OF SAVY GRANT

Re: Wrong person recieved an Apperance

It appears as if it was awarrantless search. I would have to review the police reports and get their verision of the search and make a determination if we have a good reason to supress everything.

It would be a violation of the ACOD. That would be an issue. It is not as simple as it seems.

I suggest that you retain an attorney right away.

If you have any questions, I can be reached at 212.847.9595.

Read more
Answered on 5/28/08, 10:03 am


Related Questions & Answers

More Criminal Law questions and answers in New York