Been fighting my case for two year's involving
Unlawful pullover a second search on a vehicle
This information is a bit sparse for us, the criminal defense attorneys on AVVO, to give you too much guidance. First, as always, consult with your current attorney who knows your case.
The stop is challenged in a pre-trial evidentiary hearing. Your attorney interviews the officers, reviews the CAD reports and other evidence like body-cams. Then the attorney writes a motion challenging the constitutionality of the stop, and it is put on the court calendar for an evidentiary hearing regarding details of the stop. Judge will give his/her ruling as to the validity Of the stop.
Then your attorney does the same thing, writes a motion to suppress, and that is also put on the court calendar for another evidentiary hearing. These hearings are before a judge only. You will receive a wick ruling.
If the case survives those two challenges, you take the case to trial before a jury. It will be up to your attorney to convince the jury it is false evidence.
Many of the attorneys here on AVVO, myself included, offer free consultations. Take advantage of that and get some other opinions- sounds like you are a bit confused, and your current attorney needs to explain the case, the options, and the current caselaw clearly to you.
I hope that helps. Best of Luck.
Josephine Pesaresi Hallam
Hallam Law Group
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