I need to know what motions to have my public defender file

Asked about 1 year ago - Taft, CA

i was pulled over recently and i have a few questions. I was not on probation and never have been in triouble before, there was a male driving my vehicle he was on felony probation and i was in the passenger. the sherriff pulled us over for the license plate light not being bright enough we were in a mcdonald parking lot, when they saw that the guy who was on probabtion was driving they decided to conduct a search. they asked if they would find anything in the car and i told them there was a scale in the back seat they continued with the search while a male sherriff patted me and sat me on a curb the other sherriff found a bag of syringes in the driver side door and she asked about them I told her that my friend damon was diabetic and they were his the two sherriffs argued with me the fact that my friend was diabetic. the female officer approached me and said that she was going to search me i told her that she did not have to the other officer already patted me down she said that she wanted to because she could do a more thourough job I refused and she said that made her believe that i had something to hide, she asked me when the last time i used and i stated "it has been a few days" she said i was under the influence and a very thourough search lifting my shirt and exposing my belly flesh to about 10 peoplestanding outside of mcdonals I asked her to stop because she was embarrassing me and she just kept going but found nothing, they continued with the search and found the scale and a loaded syringeshe asked me whos it was and i told her it was my car, i asked the sherriff not to tow my car since it was in a private parking lot but she refused and had my car towed, i asked if i could get my antideppresant pills before the car was gone and she said that i could get some in jail and she read me my rights and placed me in the sherriff vehicle, we were taken to the sherriff substation wich is not the booking facility, they placed me in a interogation room and the female officer came in and closed the door and conducted a more thourough body search she ran her hand across my crotch and felt something she asked about it and i denied anything being there she proceeded to reach her hand into my panties and retrieve the bag she then asked me what it was and i told her methanpetamine she went out where the male sherriffs were and bragged about what she had found, she then walked back into the room and i confessed to having another bag, i told her it was further in my vagina and that if she would uncuff me i would get it she then reached her hands back into my panties and went slightly into my vagina to retrieve a smaller bag, i was then sat down and had to wait for about a hour as my shopulder blades became very sore from the handcuffswhen she came back to the room i asked her if she would uncuff me so i could strech and she ignored me, i was then transported to the police station to be booked, they asked me to pee for a drug text and i said ok the female sherriff walked to the shower and handed me the cup, i told her that i cannot pee in the shower, she acted surprised and said you cant? she then took meinto the cell about 2 ft awayand let me use the toilet I tried for a couple minutesd and couldnt she took me back to booking and the male sherriff said i had to sign a paper stating that i refused to give a drug test i told him that the options were to pee or draw blood he then said well im not going to take you all the way to kmc, so i told him that i would not sign the paper.i was then given my sobriety test for the first time and booked into jail

Attorney answers (4)

  1. Anthony Michael Solis

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . If you want an attorney to fully evaluate your case and determine the appropriate motions, you must hire that person and listen only to them. If you already have an attorney, no OTHER attorneys should be butting in, without the knowledge of your case, without confidential information from you, etc. to tell some other attorney what to do. Criminal defense isn't done by roundtable discussion. Every lawyer is different and approaches problems differently.

    No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT... more
  2. David Matthew Piper

    Contributor Level 15

    5

    Lawyers agree

    Answered . 1. Don't post that much detail in a public, non-confidential forum. You may have just made all kinds of statements that could hurt your case.

    2. You don't get to tell your PD what motions to file. They (like all lawyers) look at the case and make stratigic decisions about what (if any) motions to file and when they should be filed. They know far better than you what is appropriate and when. Sorry, but that is the way it is.

    3. Meet with your PD and discuss this matter in detail with them. Do not tell anyone else. Not here. Not at the game with your friend. Not with your best bud since 3rd grade. Telling anyone else, anywhere else could be bad news for you.

    Good luck!

    Reliance on any information in this website is at the sole risk of the user and the user understands that he or... more
  3. Nicholas Maurice Rosenberg

    Pro

    Contributor Level 14

    5

    Lawyers agree

    Answered . I believe that you feel that your public defender may not be defending you which is why you seek to ask attorneys on AVVO to give you some ideas of motions to file which you can then tell your attorney about. I agree with my colleagues that that is not how it works. What I sense is that you feel that the officers did something wrong, which often we address with a Motion to Suppress. I agree that if you would like to consult with a private attorney, you should do so in person and in a confidential manner, so that your interests are protected. If you decide to retain a private attorney, it would be based upon that consultation. If you decide to remain with your public defender, you can see how your "telling" him or her what motions to file may not result in a harmonious attorney client relationship. good luck.
    www.losangelesdefenders.com

  4. Kelvin P. Green

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Use your attorney, that's what they get paid to do. Work on your relationship with your PD instead of making things difficult by trying to play us against her or having us second guess the strategy we don't have the case... The evidence etc...

    This is for general information only. Nothing in this information should be construed as creating an attorney-... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,795 answers this week

2,835 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,795 answers this week

2,835 attorneys answering