Is it possible to have my marijuana case dropped due to the fact they found one seed after i was searched with out proper cause?

Asked 12 months ago - Orlando, FL

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!

Attorney answers (7)

  1. Alberto Marino Quirantes Jr.

    Pro

    Contributor Level 18

    7

    Lawyers agree

    1

    Answered . 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.

    Good luck.

    Albert M Quurantes

    Criminal defense trial lawyer

    Www.criminaldefendant.com

    The information provided is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law... more
  2. Nathan Brook Nutter

    Pro

    Contributor Level 8

    6

    Lawyers agree

    Answered . 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.

  3. Christopher Robert Dillingham II

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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.

  4. Majid Vasigh

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . 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.

  5. Mark H Randall

    Pro

    Contributor Level 16

    3

    Lawyers agree

    Answered . You have a suppression issue. You know what to do. Do it!

  6. Joshua Eli Adams

    Contributor Level 14

    1

    Lawyer agrees

    Answered . 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.

  7. Rixon Charles Rafter III

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER... more

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Marijuana laws and criminal charges

Marijuana laws are federal, state, and local laws regulating the growth, distribution and possession of marijuana for both medical and recreational purposes.

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