Criminal Law Questions? Ask a Criminal Lawyer.
HelloMy name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard
When police officers have probable cause to conduct a warrantless search of a hotel/motel room this search may extend to all parts of the room and containers, packages or luggage therein, provided the scope of the search is limited by the nature of the probable cause. For example, search for illegal aliens would not left opening a suitcase.
So what were they using the charge against you to search the room?
What did they say they were searching for ?
More mail you accepted? Fake ID's?
Did they find anything in the room, suitcases that they are using as evidence against you for a crime?
Yes another mail and ID. Are you saying they did not need a warrant to search?
or a consent?
Correct. Once you accepted the letter under a false ID then they had the Probable Cause. And because you are not the owner of the room, the manager or owner is the only ones who are needed to give consent
Your consent is not needed
consent should be in written/fill a form right?
No. The consent can be verbal
Im sorry. I wish it was better news for you
Do you think I can have felony 5 ( Four charges) reduced to misdemeanor A ( 1 charge) ?
Well, are you a first offender?
It is going to be up to the DA, of course, to make that deal with you. And that is going to depend on the extent of the crime they are accussing you with
Many times, if the police have been working an investigation, they want the max. But ultimately it is up to the DA.
I was arrested and charged in New Jersey before but the case was dismissed. This new charges is in Ohio. I have never been convicted.
DA means what?
The arrest will be available to the DA to review. But it should not hinder a plea deal. DA = District Attorney/Prosecutor
Assistant prosecutor or Chief Prosecutor himself? I think case are assigned to assistant prosecutors?
The prosecutor assigned can negoiate on behalf of the state
It does not have to be "THE" DA
I understand, because am a green card holder, I must be careful what I plea to
That would be correct
I suggest if you cannot afford a private attorney they you consult with the Public Defender as soon as possible
I currently have a private attorney but he was formally a federal public defender and he is not active and very laid back. I'm planning to change him.
Well, that is up to you. But if he was a federal PD then he may be very skilled at negoiating.
I suggest being laid back does not mean he won't work hard for you. Sometimes, it is all about being laid back.
They said he worked in the administrative department of the federal court. That doesn't sound too good to me. I need an aggressive attorney.
HelloI see. Well, you have talked to him so you know whether you click or not
I suggest you can contact the Ohio Bar Association for a legal referral service.
Or if this guy is a PD, tell the supervisor you need an experience criminal defense attorney
How can I relief him? I paid him 2000 dolls cos he asked for 5000 retain fee... can i get my 2k back? i have only retained him 1 month ago and he only went to court once.
You should be able to write him a letter. Tell him you do not require his services any longer and that you want a detailed invoice and the balance of your retainer returned immediate
Send this letter to him certified with a return receipt requested
In the meantime, here is a link for legal referral in Ohio
Now, I am going to switch to a Q&A formatt and we can continue there.
Ok, with the evidence obtained from my hotel room, do you think they can win at trial and prove that am guilty beyond reasonable doubt?
here are the charges:
Would prosecutor bargain/negotiate and reduce my felony charges to Criminal mischief even if they know that they could win at trial? just to safe my immigration benefit? I have no prior conviction.
Yes. A plea is a win, too. And with a plea it cut down on costs and time And that is really all they want.
I will be glad