Criminal Law Questions? Ask a Criminal Lawyer.
Hi, my name is Andrea and I will be glad to assist you in any way I can,
First of all, if there was no probable cause for the police to come to the house, they should not have been there in the first place and they should not have entered the house at all. The fact that the police officer admitted to you that you were under arrest, but did not give you your Miranda rights prohibited them from asking you any questions whatsoever. Therefore, you should retain a good lawyer experienced in Criminal Defense and his first order of business is to have everything found in the house and any answers you gave to their question excluded from evidence. The Attorney should try to have everything dismissed at the preliminary hearing stage, and if it is not done at that level, the Attorney should file a "Motion to Suppress" in front of the Judge assigned to the case and anything they found and any statements you made, must be suppressed (Cannot be admitted into evidence).
If this is your first offense, you can be eligible for deferred adjudication and you can later have your record expunged,
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I was later made aware that the grandmother in question had not been in the house that night, would her absence as the property owner make the police entry admissible? Additionally could the smell of marijuana (which I doubt could have been outside) constitute probable cause in the case of a private residence? I have been involved in mock trial for years and am currently a pre law student at Binghamton and was very surprised that an officer would be sloppy enough to forget to read my rights in a situation like this, apparently they were responding to a call made my neighbors about people entering the house. It was not a party, there was a group of four including the grandson, all of us are over the age of 18. I have spoken with my attorney and he will be appearing with me however I have limited contact with him given the holiday weekend so I appreciate the assistance. Additionally, would the fact that the marijuana was not found on my person make a difference?
Hello, perhaps you have missed my follow-up questions. Is there any chance I could get a final response on these inquiries?
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