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JPEsq., Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 5106
Experience:  Experience as Criminal Defense Attorney and criminal law professor
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Hey everyone, 14 months ago a friend assaulted me and I

Resolved Question:

Hey everyone,

14 months ago a friend assaulted me and I called the police for help and ran outside and hid behind my car. They showed up and went inside to get him. When they came out they asked if I threatened to shoot him and I said no. They asked to search my car for a weapon, and I denied. They put me in handcuffs and searched my vehicle anyway.

At this point they found an amp (1 dose) of testosterone and a syringe. I am now facing TWO class D felony charges...

They did not issue me a citation or a ticket that night, and I never received a summon for appearance or anything. I was with a friend and he was pulled over, and they ran a check on both of us.

Am I going to do time? I'm praying for probation... Here are some things to take into consideration...

-I plan on joining the military. I am informing them of that.
-This is my first offense.
-I am a college student, and I have a job.
-I'm of good moral character.
-The judges, and state prosecutors seem to like me.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  JPEsq. replied 7 years ago.
<p>I am an Indiana attorney.</p><p> </p><p>If you are not in jail now (or out on bond) there is a good chance that you ae going to be put on probation. A class D felony carries an "advisory" sentence of 18 months in jail (you would actually do 9 months). But for first offenders, it is pretty common to get a year of proabtion and MAKE SURE you ask for alternative misdemeanor sentencing. In Indiana, for a first time D felony, they can enter the conviction as a misdemeanor.</p><p> </p><p>If they wont go for it, ask if you can petition to reduce the conviction to a class A misdemeanor if you successfully complete probation. </p><p> </p><p>On a side note, it doesnt sound like they had probable cause ot search your car. They can do a search incident to arrest, but they have to have PC to arrest you.</p>
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Customer: replied 7 years ago.
Thats correct--That is what is making me question what to do here.

Had I been in the car, they could have felt endangered by the fact that I MAY have had a gun in my lap, under the seat, etc. But I was OUTSIDE of my car and THEN put into handcuffs when I denied the right to search. So they were safe from harm.

Could this case be kicked out?

Why did they not phone in a warrant, or tow my car and then proceed to get a warrant?

I haven't yet obtained a copy of the police report...but I'm very nervous to see it because they've had 14 months to alter it in their favor. I had totally forgot about this incident because they just took it and said they'd test it. And if it came back positive, a warrant would be issued. I was never given a ticket, court date, nothing from them. I signed nothing! This was the Evansville Police Dept.

This warrant was issued just last saturday in Vanderburgh county for some reason. I figured it would be issued much quicker had something been wrong.
Expert:  JPEsq. replied 7 years ago.
It is going to depend on what basis they arrested you. If they had probable cause to arrest you in the first place, there is an automobile exception to the search warrant requirement, based on an automobile's inherently mobile nature.

The police are not going to alter the report just to get you for possession. But they do exaggerate the circumstances surrounding your arrest. But they did not even take you into custody, so I do not see how they could search.

But your lawyer would need to see the probable cause affidavit. Sometimes the police will say they smelled the odor of marijuana or something coming from the car, which gives them probable cause.

Talk to your lawyer about a suppression after he has had a chance to see the probable cause affidavit.

He would have to file a motion to suppress. If it is granted, your case would be dismissed. But they usually are not granted, even when there is good reason.
Customer: replied 7 years ago.
You should email me your contact information. I'd like to hire you up for this case if you'd be willing to take it.
[email protected]
Expert:  JPEsq. replied 7 years ago.

It is against the site rules for me to contact you offline, sorry.