Robert C. LeBrasseur’s Answers

You fight it by going to trial. Based on what you write it sounds like a good case to try. Get a good criminal defense attorney.

Protect your future and retain experienced criminal defense counsel.

This is not a criminal defense question. I changed the practice area.

I changed your practice area from criminal defense to wrongful termination.

Miranda rights only need to be read if you are in custody and interrogation. Custody and interrogation are terms of art. If you have a question concerning whether you were in custody or interrogated you should consult a criminal defense attorney.

The court where the disposition and case occurred.

Plead not guilty, obtain experience traffic defense counsel and let them advise you properly.

It is my belief that you can attack this on an evidentiary issue as well as a constitutional issue. Typically for a video or photograph to be admitted into evidence someone needs to lay the foundation that it is a true depiction of what occurred. The reason for this is to ensure that the video or photograph is reliable. Many legislators with these type of cases have done away with this evidentiary provision. However it does not mean that you must accept the legality of such statutes under a...

It does not matter if you were there. If there was a fresh odor of burnt marijuana then the officer is most likely justified in searching the vehicle. You should have an experienced criminal defense review the police report.

Appeals are extremely difficult to handle for a non lawyer. Additionally, appeals are time sensitive. Typically, the issue on appeal is dependent on what occurred during the trial or pretrial hearing. Some of the most common grounds for an appeal include: (1) the trial court erred as a matter of law, (2) the court misapplied the law, (3) the jury was improperly instructed, and (4) insufficient evidence to support the conviction. I would strongly urge you to retain an attorney to do the appeal....