My husband and I were coming back from our vacation in Colorado, and got lost. We were pulling onto the shoulder of the road to check Google maps to make sure the turn coming up was the right one. We were lit up by a police car before our car even came to a stop. We were complient and legal. The officer stated he smelled marijuana, and searched, where he did find <2 oz of marijuana and a small weed pipe. This is the first time we have ever been in any kind of trouble. From what I'm reading, if I am understanding it correctly, the stop was not a legal stop in the first place as defined in the State vs. Cortez. I am wondering what is the best way for me to proceed, and do I have any recourse to fight the search since the stop wasn't legal?
A criminal case or record is not something with which to trifle. Get criminal defense counsel. Stop DIY representation. Seek appointed or retained criminal defense counsel. Now is not the time to prepare for law school; get defense counsel. That is the best way to proceed, the only way.
Thomas J. Baker of Baker & Tisdale PLLC principally practices in the Central Texas area, including Bell, Coryell, Lampasas, McLennan, Milam and Williamson counties. The advice given here is not and ahould not be taken as a substitute for in-personal consultation with counsel, particularly where legal documents, such as court orders need to be reviewed. I am Board-Certified in Family Law but not in any other areas of practice.
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