So the fact that he was under duress from having the guns pointed at him which is why he allowed the police into the house and allowed them to open the gun safe without a warrent or the fact that the reason the police were even called to begin with and that when they did enter the house was found not to be true, would not be grounds for an appeal this long after the conviction
He was orginally convicted of drug paraphenalia, but the reason the police even found the paraphenalia was because they were called and told that he had loaded guns in his house and was threatening to kill himself which was the when the police first evacuated his apartment complex, surrounded and had 8 police officers standing on his steps, when they knocked on the door he looked out the peephole saw no one looked out his front window and saw all the cop cars, at that time he called the state police barracks to find out what was going on he was told to exit the house which when he did that is when he had 8 guns pointed at his head and was asked about the guns, he told the police where they were they handcuffed him entered his house , got the keys to his safe opened it and found the paraphenalia. They did not have a warrant to enter or search the home but because of being handcuffed and the shock of having guns pointed at his head, he did what he was asked to do. So because of him being under duress and because the police found the paraphenalia without a search warrent would that be grounds for possibly getting the charges overturned or would it still be to late to try. I understand about the probation violation but i'm still wondering about the orginal charge.
Hello Denyell,Thanks for clarifying. Now I understand. However, now we get back to what I said in the first place.When the police overstep their authority a defendant has the right to challenge that at special pre-trial suppression hearings. But a defendant gives up his right to challenge that and to confront the witnesses against him once he takes a plea. This was, as I said in my answer, something that the judge likely discussed on the record before your boyfriend took his plea.But even if he didn't, it is now too late for an appeal on the those grounds. That would have to have been filed for within 30 days of the conviction. It is nothing, unfortunately, that can be done now. He is outside of the window of opportunity to complain about that.I would love to be able to tell you what you want to hear, but it isn't the law and it wouldn't be true.
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