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Ask Samuel II Your Own Question

Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22001
Experience:  Handle criminal matters in both state and federal courts.
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I was in a hotel room when the police disguised as a hotel

Resolved Question:

I was in a hotel room when the police disguised as a hotel staff who came to deliver mail. He knocked on the door and delivered a mail to me and asked me to sign. I signed for the mail and he requested for a piece of ID, I gave him a fake ID and he said I have just signed for a stolen mail. He then called other two officers who were hiding to come out of there hidden place and come to my room. They arrived and they started searching my room, they asked a hotel staff if they could search the room and she agreed but no written consent was given to them. They search my bags and clothing. Here is my question, do you think the police and violated the law of search and siezure. Do you think they needed a warrant to search me or should have obtained a written consent from the hotel staff? This happened in Ohio
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Samuel II replied 11 months ago.

Samuel II :

Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you information in this regard

Customer:

ok

Samuel II :

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.

Samuel II :

So what were they using the charge against you to search the room?

Samuel II :

What did they say they were searching for ?

Samuel II :

More mail you accepted? Fake ID's?

Samuel II :

Did they find anything in the room, suitcases that they are using as evidence against you for a crime?

Customer:

Yes another mail and ID. Are you saying they did not need a warrant to search?

Customer:

or a consent?

Samuel II :

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

Samuel II :

Your consent is not needed

Customer:

consent should be in written/fill a form right?

Customer:

?

Samuel II :

No. The consent can be verbal

Samuel II :

Im sorry. I wish it was better news for you

Customer:

Do you think I can have felony 5 ( Four charges) reduced to misdemeanor A ( 1 charge) ?

Samuel II :

Well, are you a first offender?

Samuel II :

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

Samuel II :

Many times, if the police have been working an investigation, they want the max. But ultimately it is up to the DA.

Customer:

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.

Samuel II :

Good

Customer:

DA means what?

Samuel II :

The arrest will be available to the DA to review. But it should not hinder a plea deal. DA = District Attorney/Prosecutor

Customer:

Assistant prosecutor or Chief Prosecutor himself? I think case are assigned to assistant prosecutors?

Samuel II :

The prosecutor assigned can negoiate on behalf of the state

Samuel II :

It does not have to be "THE" DA

Customer:

I understand, because am a green card holder, I must be careful what I plea to

Samuel II :

Of yes.

Samuel II :

That would be correct

Samuel II :

I suggest if you cannot afford a private attorney they you consult with the Public Defender as soon as possible

Customer:

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.

Samuel II :

Well, that is up to you. But if he was a federal PD then he may be very skilled at negoiating.

Samuel II :

I suggest being laid back does not mean he won't work hard for you. Sometimes, it is all about being laid back.

Customer:

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.

Samuel II :

Hello

I see. Well, you have talked to him so you know whether you click or not

Samuel II :

I suggest you can contact the Ohio Bar Association for a legal referral service.

Samuel II :

Or if this guy is a PD, tell the supervisor you need an experience criminal defense attorney

Customer:

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.

Samuel II :

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

Samuel II :

immediately

Samuel II :

Send this letter to him certified with a return receipt requested

Samuel II :

In the meantime, here is a link for legal referral in Ohio

Samuel II :

Now, I am going to switch to a Q&A formatt and we can continue there.

Expert:  Samuel II replied 11 months ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  Samuel II replied 11 months ago.
Hello

We can continue here


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.
Customer: replied 11 months ago.

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?

Customer: replied 11 months ago.

here are the charges:


 




















































Off. DateCodeDescriptionDispositionDegree
09/15/132913.51RCVNG STOLEN PROPRTYNO PLEAF5
Specifications:None
09/15/132913.51RCVNG STOLEN PROPRTYNO PLEAF5
Specifications:None
09/15/132913.31FORGERYNO PLEAF5
Specifications:None
09/15/132923.24POSSESS CRIM TOOLSNO PLEAF5
Specifications:None
Expert:  Samuel II replied 11 months ago.
Hello

Thank you

Is there a question attached to that information, please?
Customer: replied 11 months ago.

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?

Expert:  Samuel II replied 11 months ago.
Hello

I hope not. But I am not a crystal ball. In my experience, however, physical evidence obtained legally is usually solid for proving beyond a reasonable doubt.
Customer: replied 11 months ago.

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.

Expert:  Samuel II replied 11 months ago.

Hello

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.

Customer: replied 11 months ago.

I will be glad

Expert:  Samuel II replied 11 months ago.
Hello

I wish you the best of luck. It is not a violent crime so it is very possible to negoiate such a plea


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated
Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 22001
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 9 other Criminal Law Specialists are ready to help you

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