I was jus siting in a friend's car while my co defendant sat outside the car. Cops approached searched us for nothing. Co defendant had 21 bags of coke on him. Then they searched the car. I wasn't driving siting on the passengers side. They searched it and found a broken fire arm and took me and him into custody. How can I beat this case I don't think they had any probable cause to search us. Will I need a lawyer?
At a preliminary hearing the Commonwealth must prove two essential things: 1) a crime has bene committed and 2) the accused is the person who committed that crime. The Commonwealth alone has the burden of providing at least some evidence to support the existence of each and every element of the crime alleged. If the Commonwealth fails to produce such evidence, the charges can be dropped. It is important to conduct preliminary hearings (rather than waive them) for this very reason. Holding a preliminary hearing also helps to lock the Commonwealth into a position that can be used to develop defenses. Other reasons that preliminary hearings could result in the dismissal of charges is a repeated failure of the Commonwealth to produce witnesses to the crime. Please note, if a preliminary hearing is dismissed the Commonwealth has a right to reinstitute the charges but is subject to certain limitations periods (including Rule 600). You should really hire an attorney to assist with this.
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
You need to hire an attorney as soon as possible to discuss your defense and plan the strategy for the preliminary hearing. If you cannot afford an attorney, you can ask the court to appoint one for you free of charge. Based on the facts that you have reported, you may have defenses to this case in terms of the legality of the search; the fact that you did not have any drugs or the gun on your person; the fact that you were a passenger in the car and the location of the gun (if it was not on you or near you or visible). You may even be able to succeed in getting the case dismissed at the preliminary hearing level. Seek out an experienced criminal defense attorney so that you are well prepared for the preliminary hearing and beyond if necessary. I wish you the best of luck.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline