Criminal Law Questions? Ask a Criminal Lawyer.
Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your criminal problem today.
Hi Michael. :)
I'm sorry to hear about your situation. Unfortunately, I don't believe you are going to prevail on your motion. Even though the probable cause for the stop may not be correct ( and therefore the charge should be dropped), the fees incurred based on the impounding of the vehicle based on the driving without a license will most likely stand.
What do you think?
However, I can help you word the motion anyway. :)
I figure as much. But we'd like to file regardless as a matter of civic duty at this point.
I understand. You would start by stating the facts of the stop, date, time, charge, etc. Then the facts about impounding the car. Then you should state the finding by the city attorney that there was no basis for the case, and therefore the fees associated with the impound should be relieved.
If you pick up the car, you'll almost certainly not be granted the money in return.
However, you should certainly speak with a local attorney before you act.
Yeah. They have it setup that way intentionaly I'm sure.
Ok, should we provide any and all of the proof that we have about them being wrong about the time and the scenerio?
No, because the city attorney has already made that determination, correct? That the probable cause was bogus?
Can we request a hearing on the motion and be assured the opportunity to attend the hearing so they don't just read the motion and come to a determination without a discussion?
Sorry, too soon.
Yes, you can. You'll need to file the motion, draft a notice of hearing, serve the motion and the notice to the opposing party, and speak with the clerk and make sure you have the correct date.
Yes, but he only said it on the phone. the affidavit does not admit to their fault.
So it's a seperate form and process to request the hearing but must be completed simultaniously?
Remember I'm speaking in generalities, as there is no attorney-client privilege here. :)
Sorry for the disjointed conversation. Yes on both accounts? How can we obtain a record of his admission? (I'm sure thats impossible but had to ask.) ...of course.
You can't, but you can state that he admitted it on the phone.
Yes, there is a separate notice of hearing form.
It needs to be served.
Just to be thorough about these general proceedings. Both documents need to be submitted to the court for scheduling. and then, served to the opposing party (Public Nuisance and Abatement Unit)?
The motion and the notice of hearing, yes.
(The unit is directly accountable to the city attorney)...thank you very much for your help. I'll write an outstanding review for you. :)
Really hope it works out.
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