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Andrea
Andrea, Lawyer
Category: Criminal Law
Satisfied Customers: 11658
Experience:  25 yrs Criminal Defense, Real Estate & Business Law, Family Law, Immigration, Employment Law
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So a few days ago I was arrested for UPM in Broome County,

Customer Question

So a few days ago I was arrested for UPM in Broome County, New York. I was with a group of friends and we all went and picked up the marijuana together and headed back to one of the kids grandmother's house. We were in the house for about 15 minutes when we saw a cop shining a light through the window, he taped on the window and I opened it, he immediately pushed his way in through the open window and ordered me upstairs to let in another officer though the door. Meanwhile the officer who had entered through the window had spotted the bud on the ground and picked it up. He asked whose it was and began to threaten that we would all be in trouble if someone didn't admit to the pot. One of the friends I was with was acutely a UK citizen and would have been deported for a possession charge so I said the pot was mine. The officer took me upstairs and placed me in his car. Once in the car I asked him if I was under arrest, he told me that was the reason I was in the vehicle (I was never given my rights) he asked me a number of questions about where I got the pot and such and then gave me an appearance ticket charging me with UPM. What will likely be the outcome of this? Is an ACD likely?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Andrea replied 1 year ago.

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,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 

Customer: replied 1 year ago.

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?

Customer: replied 12 months ago.

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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