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Is my case beatable and counter suable?

Lumberton, TX |

I was charged with poss. of marij <2oz and unlawful carry of weapon but the pistol was inside of my vehicle not on my person then is it possible to fight this in court of not guilty plea? The poss of marij however i am guilty of. I do not mind being responsible for my possession of it. But the pistol was inside the car i was currently in possession of. The peace officer of lumberton, tx (Cody Guidry) and an assisting officer (name never revealed), pulled me out of the car whenever it was not running and i was on private property of a convinient store but was not solicitizing or harrassing anyone. Cody Guidry placed me in cuffs without reason and started digging through the car without consent of search nor a search warrant. What evidence do I suppeanon to court?

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Attorney answers 4

Posted

You need an attorney to handle this for you. You may have a suppression argument based on an illegal search and seizure. Your attorney will be able to review the State's evidence and let you what legal defenses you have. Be prepared to see some creative writing in the offense report. Probable cause is easy to fabricate.

Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers offers everyone a free consultation to discuss their case. Feel free to call her office at 214-365-9800 to make an appointment (phones are answered 24 hours) or visit her website at www.macyjaggers.com for more information about her services and recent victories.

Asker

Posted

Thank you. I really do appreciate your legal professional advice. I would love to hire an attorney in my defense but im so indigent at this time with no job its hard to find out what to do from here. Most if not all court appointed lawyers in my county are all about pleas not fighting unless they are hired. What should I do?

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

Just stay on top of your attorney. Don't drive him crazy but ask him to take the time to show you the State's discovery and explain everything to you legally. If you think the search is illegal, push him to file a suppression motion.

Asker

Posted

Ok, and they told me since I had a job at that point and time the arraignment judge said I would have to supply my own attorney. And that they would not give a court appointed one.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

Many people assume they cannot afford an attorney, but attorneys' fees vary and many offer payment plans. Just start calling around. You'll find one you can afford. And for your question below, two offenses, two cases. That's just how it works.

Asker

Posted

Thought that they could/would run it concurrent. And would it be possible to take the poss marij and suppress the pistol case? Or try for both? I dont mind taking responsibilitly for my possessions nor my actions. I just dont know.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

Because you were outside of the car, these are technical two separate searches. So yes, it is possible that one case could be suppressed and not the other.

Posted

Unless you're a convicted felon, there is no gun case. The marijuana charge can potentially be won through a motion to suppress for illegal search and seizure. That can be a long, drawn-out, expensive process or it could be quick. There's no guarantees you will succeed, but it's worth a shot. You probably got charged with the gun to give them leverage against you on the marijuana charge because they know they seized the drugs illegally. You will not suceed without a lawyer no matter how many questions you ask on here. Hire a lawyer or request a court appointed attorney. www.giardinolawfirm.com

If this answer was helpful to you or if it was the best answer, please click the buttons that state helpful and best answer. Please understand that all of my answers are for informational purposes only, are not legal advise, and do not create an attorney-client relationship between you and me. I am not your attorney and you are not my client unless we enter into a signed contract. My only legal advise to you is that you should immediately consult with and hire a lawyer and that you should not represent yourself. If you want to more information about personal injury, visit http://www.sainjurylawyer.com or if you want more information about criminal defense, visit http://www.giardinolawfirm.com. Good luck!

Asker

Posted

The court appointed lawyers are no good. They are all about pleas and not fighting cases for their clients whom are indigent.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I think he's saying he's charged with UCW, which would be an offense since he was also in possession of the marijuana.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I think he's saying he's charged with UCW, which would be an offense since he was also in possession of the marijuana.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I think he's saying he's charged with UCW, which would be an offense since he was also in possession of the marijuana.

Macy Michelle Jaggers

Macy Michelle Jaggers

Posted

I think he's saying he's charged with UCW, which would be an offense since he was also in possession of the marijuana.

Asker

Posted

But why two seperate cases? Its not all on one case. They split them.

Carmine John Giardino

Carmine John Giardino

Posted

oh right, good catch macy

Carmine John Giardino

Carmine John Giardino

Posted

That's not true what you said about court appointed lawyers. They often get the most difficult cases and have the most difficult clients because of the general sentiment that people have about them. You're getting a free lawyer that could have just stayed home. I don't handle court appointments, but that doesn't make me better than court appointed lawyers. You can always represent yourself.

Posted

You may have some issues but you need a criminal defense attorney to evaluate the facts. This is not a slam dunk case for you.

Austin Felony Gun Lawyer

My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website, www.austincriminaldefenseattorney.com

Asker

Posted

Not a convicted felon therefore I have the right to possess a firearm correct?

Posted

You will need a good criminal defense lawyer. If you cannot afford to hire one, you will need to ask for an appointed defense lawyer. That lawyer can take a good look at the case and may be able to file a motion to suppress botht he weed and the pistol.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

Asker

Posted

What if it is two seperate charges?

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

Same answer. If there are problems with a search that infect multiple charges arising from the same incident, then a motion to suppress can be filed as to each of those charges.

Asker

Posted

Awesome. Thank you.

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