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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27621
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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In my probable cause affidavit it list the place where they

Customer Question

In my probable cause affidavit it list the place where they found pieces to "cook" for methamphetamine as my address, which the investigator knew I didn't live. On the date of the crime in my affidavit I wasn't ever at the property. The investigator also has false statements other than my address, stating that my teeth are black and rotten" meth mouth" my teeth are perfect, that my skin is gray, small build, my skin is olive colored and I do have a small build, at 9 month's pregnant I only weighed 127lbs. Can I call for a Frank's hearing or a Bindover hearing?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 1 year ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.
It sounds like you may have grounds to request a Frank's hearing, which is asking that the evidence be suppressed. To get the evidence suppressed, you have to show three things by a preponderance of the evidence. This is a much lower standard than beyond a reasonable doubt.
1. that there are false statements in the affidavit.
2. That the investigator knew they were false, and
3. That those false statements were material to a finding of probable cause. To put it another way - if you take out all of the false statements, would a reasonable person read the affidavit and think evidence of cooking meth would be found at that address?
If the judge rules in your favor, then you can request a probable cause hearing (also called a bind over hearing), asking the judge to find that there isn't sufficient evidence to prosecute you. It is necessary to have the evidence suppressed first, though.
When you go to the first appearance, if you cannot afford an attorney, the judge will appoint one for you. At that point, your lawyer can request all the evidence and help come up with the best plan of attack for the hearings.
It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

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