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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88775
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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Also along the same lines.....I have a hearing next week for

Resolved Question:

Also along the same lines.....I have a hearing next week for posession of drug paraphanalia as the police found a grinder in my glove box a couple weeks ago diuring a traffic stop. Do you have any suggestions how to win at this hearing or get the
citation lessened????? They found nothing else.
Just a poor college kid needing some help.
ps I am cleaning up my act!!!!!
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The only way to really win one of these cases is to challenge the search of the vehicle as being unlawful, since it was in the glove box. Thus, you have to show they searched without probable cause and without a warrant and if you prove the search was invalid, then the evidence has to be thrown out.

Also, you should not be doing this without an attorney, you are entitled to at least a public defender and they will review the actual evidence and police reports and they may be able to even come up with additional challenges based on what is written in the police reports (which we cannot review).



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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88775
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 5 other Criminal Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you for youir assistance. You mentioned getting a public defender.


Doesn't public defenders work for the city? As a college student, I have limited funds and can't afford an attorney. I went to the courthouse and


they said they could not help me.


Ideas?

Expert:  Law Educator, Esq. replied 9 months ago.
Thank you for your response.

The public defender works for an agency paid for by the state. They are designed to provide free representation for anyone who cannot afford an attorney in a criminal case because it is a constitutional right for you to have an attorney and to have a free attorney if you cannot afford to pay for one.

I do not know why the public defender's office would tell you they cannot help you if you prove you cannot pay for an attorney, that is their legal and constitutional duty.

When you show up in court for arraignment you plead not guilty and you ask the court for appointment of the public defender and you need to bring proof of your income to show them that you cannot afford an attorney. They cannot deny you your constitutional right to free representation if you cannot afford an attorney.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88775
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
Law Educator, Esq. and 5 other Criminal Law Specialists are ready to help you

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