When your garbage is taken down to the curb it is then deemed to be abandoned and you have no expectation to privacy over what is inside the garbage container. Therefore, the police not have to obtain a search warrant. It may be a different story if the garbage is still up at your house. There is no requirement of the garbage men having to cycle through the garbage.
I hope you find this information helpful.
I wish you the best of luck.
Leone Legal, PA
You ask some very well thought out questions.
First, as to chain of custody, this defense is typically used in drug cases where there is an attack on the testing of the substance. There needs to be a clear chain of custody to show that the substance recovered from the defendant is the same substance that was tested to see if it was an illegal drug. I believe in your case, the officer would most likely testify that he initially handed you the ID, you checked it and handed it back, and then...
You should discuss this with your probation officer immediately to make sure no one is surprised if there is a dirty UA. Depending on the probation officer, they may not violate you on the first one...but that is no guarantee.
You will still likely be charged with theft via a Summons and Complaint in the mail. This will have your initial court date. There are several ways to resolve the case without it resulting in a conviction on your record. Keeping your record clean is the most important thing right now.
He was arrested, so yes he needs a good lawyer. Everything you say is likely true; however, it would be your boyfriend's attorney's job to paint the picture for the prosecutor as best he/she can to make sure the prosecutor sees it the same way you do. That way, maybe he could avoid being charged altogether. In the event that he is charged, the attorney can go at the case many different way, including the self defense route.
I wish you both the best of luck.
You should want to go to court, because that is your only way of having a chance to resolve the case without a conviction. With a clean record, there is a chance to obtain such a resolution. Simply paying a fine will be deemed a guilty plea, which could haunt you for years.
Yes, they is advance you may receive a citation. It is a misdemeanor criminal offense; however, with no criminal history, there is a good chance to keep a conviction off your record. It would be in your best interest to retain a criminal defense attorney if you do get charged.
Yes, it is possible and something you will need to discuss with probation. It sounds as though you have already pled to the 2nd DWI and are just awaiting sentencing. If this is not correct, then it would be in your best interest to discuss your case with an attorney to see if fighting the case by be your best route. I wish you the best of luck.