AZ, criminal defense, probable cause, search and seizure, 4th amendment, drug possession

Scottsdale, AZ Viewed 813 times. Posted about 1 year ago in Criminal Defense

Porbable cause to search and seizing all of my money: what should I do in think case? Police officers knock at my door of a rented section of a home and enter without permission. They ask if anyone else is in the area and said that they are just clearing the area for there safety. My girlfriend and I are being questioned for a stollen wallet that occurred the night before. We moved in 20 minutes before the police arrived and wasn't there the night before. During the other officers clearing the home a baggie was found in a hamper that had cloths in it. Somehow this officer found it buried in the cloths. be was clearing the 10'x14' room or 10 minutes. We were not in the room but now wanted to search the area. I proved that we did not take the wallet cause a credit card was stolen and used at Wal-Mart. I paid cash and had the receipt. But now they are searching my area of the home for my handgun cause I told them that I had one when they arrived. Now when they were looking for that the also find paraphernalia. My girlfriend and I have no criminal background prior to this. We are in our thirties. I was arrested and charged with 3 felonies and her two felonies. both for possession or a dangerous Drug and possession of drug pparaphernalia and I got an extra unlawful use of a firearm charge. When they arrested me they found that I ad $1,560 in cash on me only cause we moved that day. They took it as evidence against me. I lost the place I was renting cause the officer told my landlord what they found and now we are broke and homeless living out of hotel only for one more day cause we can't round up anymore money. What can I do about this case and is there anything I can do to get my money back before we end up on the streets and strave to death. Oh yeah I was fired from my job and now have no income. This all happened last Friday. - Is this your question? Add additional information

Answers (2)

Michael E Hendrickson

This attorney is licensed in Dist. of Columbia. Posted about 1 year ago.

You and your girl friend need at least two competent criminal defense counsel to represent each of you separately in this matter. It's possible that your 4th Amendment rights may have been violated and that a motion
to suppress the evidence police recovered from the scene needs to be filed in your respective behalfs.

Consequently, if you cannot now afford to hire attorneys on your own, you should ask the court which has jurisdiction over these cases to appoint each of you an attorney.

Alan James Brinkmeier

This attorney is licensed in Illinois. Posted 6 months ago.

If you cannot afford one an attorney will be appointed for you. Pro bono lawyers are sometimes available through your local bar association for referral. Check it out.

Meanwhile....

Do not post any details online because of potential self incrimination problems for you. Get a criminal defense lawyer on your side. Your lawyer will tell you not to speak to the police. If you confess to a crime you did not commit (trust me, it happens), you will be charged.

Everyone has a freedom against self-incrimination but an online site like this one is not private. What you post here may be used against you. No one can say what the evidence is against you so at least remain silent and do not incriminate yourself without speaking to a lawyer.

Read my Legal Guide "Internet Privacy - Not!" if you think it might be helpful.

http://www.avvo.com/legal-guides/ugc/internet-privacy---not

You need a lawyer so get one. ASAP!

Read my Legal Guide "What is the Right to Remain Silent?

http://www.avvo.com/legal-guides/ugc/what-is-the-right-to-remain-silent

Because this matter is so important you should really get a lawyer. You can miss defenses and say the wrong things if you are not represented by an advocate as your attorney.

You might find my Legal Guide helpful "How to Choose A Lawyer For You"

http://www.avvo.com/legal-guides/ugc/how-to-choose-a-lawyer-for-you

You might find my Legal Guide helpful " What Do I Tell My Lawyer"

http://www.avvo.com/legal-guides/ugc/what-do-i-tell-my-lawyer

No one can know what the record is in the case because online we cannot find out any details about the warrant or the drug search that was done. You need a lawyer. Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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