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I got pulled over not using a turn signal and my hands were shaking from parkinsons desease - he wanted to search my car and he

Fort White, FL |

found a 20 grams in a glove in the back seat. I refused to talk and he said it would be worse if i didnt comply. I spent 2 days in jail. I am 64 years old. I told him I was in a lot of pain and sadness from losing my husband last year and I bought it for 30 dollars. were my 4th amendment rights violated. Can this be dropped.

WILL I HAVE TO GO BACK TO JAIL?

Attorney Answers 6

Posted

I assume and hope these posts are completely anonymous as anything you say or post can be used against you.

If you gave consent to have your car searched then you waived your rts against search and seizure. And the search was lawful.

There are other limited circumstances under which the search could be good as well.

I would make sure to let your defense atty know about the depression youve been suffering from. Many times courts have rehab programs and sometimes treatment in lieu of a drug conviction.

By the way im very sorry for your loss. Im sure your husband wouldnt want to see you in trouble like this. Ask for help and im sure you can get it through your local court system. God bless u.

This answer is for general information only and is not intended as legal advice regarding your specific situation. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.

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Posted

If you consented to the requested search, then you would have waived your rights under the 4th amendment. If you did not consent, any possible violation would depend upon how visible and obvious the glove contents were. I suggest you speak with local counsel regarding a motion to suppress.

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Posted

I'm sorry to hear about your situation. You need to retain an attorney right away. Best of luck.

My answer to your question does not create an attorney-client relationship.

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Posted

If you agreed to allow the officer to search your car, you likely waived all protection the Fourth Amendment would have provided you. There are exceptions. You need to consult with one or more attorneys in your local area that can review the police report and talk to you about what you recall with specificity. Most criminal law attorneys in your area offer free consultations. Call two or three and set up appointments.

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Posted

First of all it's unlawful to stop you for not using your turn signal unless you adversely affected other traffic. So you may have a possible motion to suppress evidence. Because the pot was not actually on your person it's constructive possession. This is virtually impossible for the state to prove absent a confession from you. Your confession must be freely and voluntarily made and not subject to undue duress by the officer so depending on exactly what was said to you you may have a motion to suppress your statements. If either of these motions are granted your case would most likely be dropped. If this is your first offense you can complete a pre trial diversion program which would also result in your case being dropped. Don't let this stress you out. This case most likely will be easily and quickly resolved with the help of an attorney. Feel free to contact my office for a free consultation. In addition I am very sorry for your loss.
www.colleenglenn.com

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2 comments

Asker

Posted

THANK YOU WITH ALL MY HEART-I LOVE YOU

Colleen M. Glenn

Colleen M. Glenn

Posted

You are very welcome

Posted

The other attorneys are all correct. Don't talk to anyone about this except for the attorney you hire. It sounds like you have a defense, and what we call mitigation. It may get dropped, or you could at least get a good offer, that would likely not involve jail, unless you have prior convictions.
I'm sorry for your loss. Take care, and hire an attorney soon to help you through this.
Many attorneys, including myself, offer free consultations to help you pick the right one for you.

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