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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32339
Experience:  Began practicing law in 1992
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I was stopped by dps for no specific reason, harrased,

Customer Question

I was stopped by dps for no specific reason, harrased , detained and after this refused to have my rental van searched. After having the vehicle searched a small amount of marijuana was found in my sons belongings and I was charged even though he said it was his the whole time. am I guilty?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Arizona
JA: Has anything been filed or reported?
Customer: I received a ticket plead not guilty and realesed on Personal Rec bond
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes the DPS officer arrested me and stole $3000
Submitted: 2 months ago.
Category: Legal
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

Do you mean are you guilty because it was in your van?

Customer: replied 2 months ago.
An attorney is required to represent me in court. can you do this?
Expert:  Dwayne B. replied 2 months ago.

No, none of the experts on here are allowed to represent any of the customers of the website. It's a part of our agreement with the website.

We can answer questions for you and provide information, but we can't actually represent anyone who is a customer of the website.

Customer: replied 2 months ago.
because it was my van.
Customer: replied 2 months ago.
when I refused a search did that automatically give the dps the right to search?
Expert:  Dwayne B. replied 2 months ago.

No, just because it was in your van doesn't make you "automatically guilty". The crime of possession requires intent so you had to have known it was there to be guilty. That doesn't mean you can't be found guilty by a judge or jury, but they have to believe you knew it was there.

No, a refusal to search doesn't mean that they have the right to search. Something else may have given them that right but it may also be that the search was illegal and can be suppressed which will make the entire case unwinnable for the prosecution. Be sure and hire a good lawyer and tell them about the search issues and they will file the correct motions.

You can find a lawyer by going to www.lawyers.com and entering Criminal Law in the section for Area of Practice.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Customer: replied 2 months ago.
Dwayne had the correct answers but and expensive way to find this out. A free consultation with any lawyer would have been the same.
Expert:  Dwayne B. replied 2 months ago.

A consultation with a lawyer will almost always yield the same answer but most attorneys, including most of the experts here, don't answer these kinds of questions for free at their office and on their consultations and a paid consultation is considerably more expensive. In addition, most of the really good lawyers and the ones with as much trial experience as I have don't do free consultations on criminal law cases. The information you're getting would be billed as an hour minimum and cost several hundred dollars.

Expert:  Dwayne B. replied 2 months ago.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Also, ask any additional questions that you have. I want to be sure they're all answered.

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