Have Legal Questions? Ask a Lawyer Now.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.
I need you to be a little more specific in your question(s) if you could. When we answer general ones like "what are my rights" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.
Is there something I can do to get my husband released and to have this dropped.
There is really nothing you can do other than hire an attorney for him. Since you aren't an attorney (I assume) then you aren't allowed to file any papers on his behalf or represent him in any way.
What was he charged with?
Possessing a concealed weapon and possession a fireman by a felon
Your testimony will be important of course because you can testify that he didn't know about the gun and didn't possess it.
They are just assuming he will plead to it.
You are likely right about it being based on race and there is at least a reasonable chance the lawyer can get the evidence suppressed since they didn't have probable cause to question him and take him into custody.
if he doesn't plead to this will this give him the option to have this dropped
They're not likely to drop it unless the judge suppresses the evidence. Very, very few cases are dismissed.
with the Miranda rights, I thought that a person had to have this read to them if they are placed in handcuffs.
so there is a strong chance that this will backfire. As the most what is he looking at time wise
They are supposed to but all that the failure to give the Miranda rights means is that any statements given after that point cannot be used as evidence.
can the illegal search be thrown out or is this not possible.
let me check on the punishment range. Be right back
It's a class G felony which can range from 8 to 31 months sentence.
It is possible for the illegal search to be thrown out.
so the if the search is thrown out the evidence will have to go with it right
Yes, that's correct.
he was frisked three times. one in front of the car camera and twice outside of the car camera
now can any of my statements be used being that I was not advised the he would be arrested
Yes, your statements could still be used. There is no requirement that they advise you that he was going to be arrested.
so my defense would be to denie
Yes, and to claim a spousal privilege. The lawyer who represents your husband will need to examine that carefully and see what was recorded and what was not.
being that I advise the officer that my 2 year old was in the car and did not want to run the risk of her getting a hold on this weapon, will they retailant with charges of child indangerment?
I don't want to lose my babies, they mean very thing to me
I don;t think it is likely they will charge you with child endangerment based on the gun being in the car.
At least i've never seen it done.
do not get me wrong my weapon is always placed in the glove compartment
I was informed that I cannot have my weapon in the compartment without a permit
I can't comment on that issue, I'm not familiar with that section of the law. I don't believe it is correct but I am not positive and it can vary by city and county.
okay. now if this case if thrown out can I go after the police or walmart for racial profiling?
He can. Since you weren't arrested you couldn't.
Okay. Being that we are on a fixed income would you suggest we go with a free legal aid because we definitely don't want a PR
free legal aid attorney
Legal Aid usually doesn't represent criminal cases, that is usually done by the court appointed attorneys.
so we would have to place our trust in a PR or pay for representation
It's always a better idea to hire an attorney if you can but if not then the only choice is using a court appointed one.
Yes. Many public defenders are very good but some aren't. You take your chances if you don't hire your own.
Can he choose his PR
No, the judges don't let a person choose which defender they want. They are usually appointed on a rotating basis.
not good. How would you set up a attorney for payment. Do you think its possible to do a down payment and pay off over time?
Some attorneys will allow a payment plan. The best thing to do is get on the phone Monday and start calling to see who would. You can find attorneys in your area at www.lawyers.com. That website allows you to search by location and type of practice, which would be criminal law.
thank you I really appreciate it.
You're very welcome. I'm sorry that your family is facing a situation like this but unfortuantely it isn't unusual.
Anything else I can assist with before I exit to help others?
I know that's what is so bad. This is why I want to return to school to stop this from happening so often
That was all I appreciate it. Thanks a million
You're welcome and best wishes to you and your husband on this. Please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.