I was at ormand beach skate park and two officers pulled in the parking lot and said they had a call about a white male in a truck making gun gestures. They said i fit the disruption and they need to search me for weapons i told them no and one officer looked at the other and said go ahead and have a look. I went to get my iPhone to catch the officers illegally searching me and they hand cuffed me and told me to sit on my tailgate and shut up! I have my pre trial hearing in 2 days!
My friend, Any reason why you waited until two days before your pre-trial conference to seek the assistance of a criminal defense attorney on such a serious matter that will have an impact on the rest of your life? That does not help your case
I hope I am wrong and you have an attorney. If you do, you should listen to that attorney and forget whatever I say here.
If you don't, you should advise the judge that you are in the process of obtaining a lawyer to help you.
A pretrial conference is similar to a sounding, or calendar call. A pretrial conferences where the state announces whether they are ready for trial and the defense announces whether they are ready or need a continuance.
Unless the state announces they are not ready and need a continuance, you will have to waive your speedy trial right, and ask the judge for some time to obtain an attorney.
I would never plead guilty to a case like that without fully investigating it and possibly filing and arguing motions to suppress the stop and motions to suppress the illegally obtain evidence.
The problem here is that this is a "he said she said" situation. A good qualified and competent criminal defense attorney can take those officers on cross-examination and maybe expose a lie or an exaggeration. The witness rule can be invoked and one officer will have to remain outside while the other testifies. Later, the other officer is brought in and they might contradict things to indicate to the judge that they exaggerated or lied about something.
That's the clincher, A good criminal defense attorney might get the judge to throw out the evidence or the stop and win your case. Otherwise, The attorney can go to trial and challenge possession and knowledge. Anything can happen in a trial.
The most important thing to remember is, at least take time and consult with a criminal defense attorney. You will be surprised at how affordable a case like that can be and how many headaches it can prevent you in the future to have an attorney get rid of this case for you.
Albert M Quurantes
Criminal defense trial lawyer
The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida. There is no attorney client privilege created in this communication. Do not send questions which are confidential in nature by either this venue or via email. Personal questions should be asked in person or via telephonic conference only. You should only ask theoretical questions of a general nature. For more information visit www.criminaldefendant.com
You need to consult a criminal defense attorney in your area immediately to discuss your rights. More information is needed to answer your question. But, yes, if there was no reasonable suspicion of a crime, then they had no reason to detain, let alone search, you.
The answer is "It depends." You need an attorney to help you with this case unless you are going to plead guilty or blindly take PTI. Just complaining about what you perceive to be as an illegal search won't make this case go away.
If you hire a lawyer who reviews your case and files the right motions, it's possible, sure. Obviously, it's also possible that he or she will lose a motion to throw out your case too.
You have a suppression issue. You know what to do. Do it!
Yes it is possible. The attorney will need to continue the case and to file a motion to suppress the evidence, if after reviewing he evidence the lawyer agrees there is a basis for doing so. Hire an attorney ASAP. Feel free to call my office.
I am going to swim up stream a bit here--you need a lawyer not because (IMV) you were illegally searched, but because it sounds to me like a valid search--officers don't need your consent to search you under the circumstances you described. You need to examine ALL the possible defenses to the charge.
You need a criminal defense attorney I M M E D I A T E L Y to have any hope of getting this tossed out.
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