Is my case beatable and counter suable?

Asked over 1 year ago - 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?

Attorney answers (4)

  1. Macy Michelle Jaggers

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . 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... more
  2. Richard Timothy Jones

    Contributor Level 17

    6

    Lawyers agree

    Answered . 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... more
  3. Evan Edward Pierce-Jones

    Contributor Level 18

    6

    Lawyers agree

    Answered . 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... more
  4. Carmine John Giardino

    Contributor Level 14

    5

    Lawyers agree

    Answered . 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

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