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N Cal Attorney
N Cal Attorney, Lawyer
Category: Criminal Law
Satisfied Customers: 9083
Experience:  Since 1983
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I was pulled over due to numerous burgleries in the area.

Customer Question

I was pulled over due to numerous burgleries in the area. He seen my prescription bag and after going through it he found 2 xanax and I was given a possession of control substance(prescription pill). Will this hold up in court? I've never been in any trouble nor do I have a record.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  N Cal Attorney replied 7 years ago.
Did he ask for permission to search your bag?

What state did this happen in?
Customer: replied 7 years ago.

This is in Arkansas, and the officer had his flash light looking around in my car and seen the bag and asked what was in it. I replied my medicine. He asked what kind of medicine. I told him prescription medicine. As he was reaching inside my car he asked can i see and I was like sure. I'm thinking this was and illegal stop. The ticket I recieved did not have any traffic violations. I did ask why he was searching my things and his reply was because I have a bag full of prescription pills some that were out of bottles and because people just don't carry around a bag of meds with them. They were all prescribed to me except the 2 xanax.

Also is $2500 a high cost for lawyer fees?

Expert:  N Cal Attorney replied 7 years ago.
$2500 does not seem unreasonable.

I believe there is real doubt whether the initial stop was legal. Merely being present in a high crime area does not allow the police to stop everyone who passes through. See BROWN V. TEXAS, 443 U. S. 47 (1979) at http://supreme.justia.com/us/443/47/case.html#47

If the initial stop was illegal, that vitiates your consent to the search. So there is a chance you might win a motion to suppress evidence.
Customer: replied 7 years ago.
with this bein my one and only run in with the law, what do you think the charges will be? I'm a single mom and have taken a break from college but want to finist my nursing degree. Will this effect it if it's not thrown out? Also, I was pulling off a gravel road and at the stop sign was allowing the car to pass before turning and it turned their blinker on to turn down the road I was on but Just sat there. So, i continued to turn and that's when I realized it was a cop because he almost immediately turned on his blue lights. He only asked to see my driver's license and said there had been burgleries in the area and they were stopping all out of towners, but how'd he know I was from out of town until he got behind me and seen my license. Do you suggest I hire the lawyer to fight the case for me? I just don't know my rights or know what they can or can't do.....I've never been in trouble except maybe a traffic violation from an accident almost 5 years ago! Thank you so much!!
Expert:  N Cal Attorney replied 7 years ago.
The charge will probably be simple possession of a schedule IV controlled substance.

Yes i think you should fight the case. He admitted to an illegal stop by saying they stop all out of towners. That could be enough to get the evidence thrown out.

Any drug conviction could harm your career, even a minor one like 2 xanax.

They are not going to put you in jail for this but could entangle you for years of probation. It is absolutely worth fighting it. If you cannot affors an attorney the curt has to appoint one to assist you. I would tell the attorney I want to try a motion to suppress the xanax based on the illegal stop.

"He only asked to see my driver's license and said there had been burgleries in the area and they were stopping all out of towners," He admits he had no specific articulable facts that made you look suspicious. It was a random illegal stop and the search was the fruit of that poisonous tree. That is a legal doctrine meaning if we convince the curt that the initial stop was illegal, the evidence gets suppressed.

And you are right, if he knew you were from out of town it means he ran your plates before he pulled you over.

If you tell me where this happened I will look for a local criminal defense attorney who offers a free consultation.

I hope this information is hepful.
N Cal Attorney and 3 other Criminal Law Specialists are ready to help you
Customer: replied 7 years ago.

Thank you so much! I already hav a meeting with one and my court date is this week but was unsure about the price but it sounds like it is totally worth it. I really cant have this on my record so I am hoping that it will go in my favor but it's been with out a doubt a lesson learned. I explained that the pill were given to me months back by my mother because i was going through a hard time but never took them and forgot about them but he didn't care and continued he was raising 2 kids--implying that i had no reason to be stressed. anyways, thank you again!

Expert:  N Cal Attorney replied 7 years ago.
Thank you for accepting my answer.