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CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 23981
Experience:  9+ years defending Misdemeanor and Felony cases.
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police officers entered my home and searched my home without

Resolved Question:

police officers entered my home and searched my home without a warrant or consent and arrested my son. He still in custody as of 12/28/09. Please advice.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 7 years ago.
Is there a bond set on him? Why did they come to the house?
Customer: replied 7 years ago.

bond is 50,000. They came to check for weapons from a complaint from his girlfriend's family. His girlfriend lives with us. They also said they came to check for her safety. They arrested her for probation violation.

Expert:  CrimDefense replied 7 years ago.
What was your son arrested for that he is held on a $50,000 bond
Customer: replied 7 years ago.

The police found small quantities of controlled substance as a result of searching his room without consent or a warrant. My son has no weopons and his girlfriend is fine.

Expert:  CrimDefense replied 7 years ago.

A motion to reduce the bond should be filed as $50,000 seems excessive for a simple possession of a controlled substance case. Then, the issue about the entry of the home needs to be investigated as there could be a motion to suppress the evidence found, as a result of the illegal entry. Normally, the police need more then a random phone call to be able to enter a persons home, without a warrant. They would need to have reason to believe there was danger tot he girl. Moreover, if they were there to check on her health and safety, there would be no reason to actual search the home.

 

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Customer: replied 7 years ago.
What steps need to be done if the public defender refuses to enter these motions? Can my son enter himself?
Expert:  CrimDefense replied 7 years ago.
The public defender should do these, if there is a valid basis for it. The bond motion should be done without question, if your son cant afford bail. A high bond amount is like no bond at all, if the defendant cant afford it. The motion to suppress is more advanced and should also be discussed with the PD, if it is an option based on the facts. If not, you may want to hire a private attorney, who can work on your son's case and devote some additional time.
CrimDefense and 3 other Criminal Law Specialists are ready to help you