Join the 9 million people who found a smarter way to get Expert help

Recent Motion to Suppress questions

My husband is currently in jail for a pocs charge from 2008.

My husband is currently in jail for a pocs charge from 2008. His bond is 100,000. I have an attorney that I have paid in full the $5000 he charged. I looked on his website and it says that he bonds out clients he is representing in criminal cases. Shouldn't he be able to bond out my husband?JA: What state are you in? It matters because laws vary by location.Customer: texas. heis in Johnson county jailJA: Has anything been filed or reported?Customer: motion to suppress and discovery and they were going to file for bond reduction but my atty is dragging his feet. they set him for court for april 20JA: Anything else you want the lawyer to know before I connect you?Customer: I don't think so

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,352 satisfied customers
Man went to had a couple of drinks. Was feeling sick, stuck

Man went to Hooters had a couple of drinks. Was feeling sick, stuck head out window to vomit. While doing so veered to left hit van on its side. Police Officer #1 arrived questioned young man who said had two drinks. Man was handcuffed and placed in police unit. A while later Police Officer #2 arrived discussed case with P/O #1. Does not appear he interviewed defendant. On video you can hear Officers boy say they were not certified to conduct field sobriety tests. They had truck tolled away. No Miranda warnings were given. Defendant transported to jail. Later blood test result showed a .25 alcohol level. Question: under these facts do I stand a good chance to have case dismissed on a motion to suppress based on fact neither Officer was certified to perform a FST?

Read more

Law Educator, Esq.

Attorney At Law

Doctoral Degree

114,352 satisfied customers
Defendant is charged with Poss of Controlled Sub in 2003.

Defendant is charged with Poss of Controlled Sub in 2003. Prosecutor files Allegation of Prior Conviction of Felony(Nebraska). In a later motion to Suppress Evid STATE admits that the disposition of the Nebraska case is unknown at time. DEF told his counsel he was not a conv felon. State offers pleas to Defendant that incorporate he is felon. Defendant was not aware that Prior is being included in Plea(s) offers. On the 1st day of trial STATE dismisses the Alleg of Prior and offers a new plea to defense counsel. Defense Counsel tries unsuccessfully to contact defendant regarding plea and whereabouts. Defendant did not show up to court for any portion of trial. Defense Counsel objects to trial in absentia but offers to judge that he is in contact with defendant (Def never spoke to defense) Defendant Found guilty in absentia. (only 5,000 of the 75,000 secured bond was forfeited) Defendant was never sentenced. Defendant arrested in Dec 2016 for Bench warrant for case and new charges) What is the likelihood that defendant can appeal the verdicts? Is this ineffective counsel considering defense never motioned to remove allegation even though in a motion he states that Defendant is not a felon? Wouldn't the defense counsel have a motive to lie about being in contact with defendant?

Read more

Hammer O'Justice

Attorney

Juris Doctor

4,772 satisfied customers
I never received t information of the affidavit for a search

I never received t information of the affidavit for a search warrant. it was sealed. I believe my 4th amendment was violated..can a Los Angeles law enforcement officer search my home with a Los Angeles search warrant. I never received my discovery.. I had a paid defense attorney. but I believe he dropped the ball. and allowed the prosecution pull the wool over my eyes.JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: californiaJA: Has anything been filed or reported?Customer: yes.. the case is still going on.JA: Anything else you want the lawyer to know before I connect you?Customer: I'm on another case ontop of the first. the first is on the back burner.. why would a judge hit me with taking away my 4th until the preliminary ?

Read more

Chris T., JD

Lawyer

Doctoral Degree

7,570 satisfied customers
My husband was at home when a police officer knocked on his

My husband was at home when a police officer knocked on his door. The officer was at the wrong house and wanted our neighbors house instead. While the officer was at our residence he smelled marijuana. He obtained a search warrant for the property my husband was at and found less than a quarter ounce of marijuana. (I use the marijuana to help my MS though only the oil kind is legal for this in Wisconsin but is too hard to obtain in the state) The search warrant describes the house we live in (but don't own) but also says it is for my Husband's property.Is the smell of marijuana at the wrong house enough to get a warrant?If the house, though described in the search warrant, but not property of my husband still legal to search?

Read more

Dwayne B.

Juris Doctor

37,238 satisfied customers
How can law enforcement serve a search warrant on an address

How can law enforcement serve a search warrant on an address where the parties named in the warrant does not reside and has not visited in more than a year do to them being incarcerated . Doesn't that violate my fourth amendment rights.JA: Since laws vary from place to place, what state is this in? And when was the warrant issued?Customer: California and the warrant was served today.JA: Has anything been filed or reported?Customer: I'm not exactly sure what that means.JA: Anything else you want the lawyer to know before I connect you?Customer: yes thanks, ***** ***** named in the warrant has no direct connection to this address. they have never slept over night or ever lived at this address.

Read more

Dwayne B.

Juris Doctor

37,238 satisfied customers
I am a teacher that was accused of sexually abusing a

Hi! I am a teacher that was accused of sexually abusing a student of mine back in June. Unfortunately the police coerced a statement out of me. Today my attorney made motions to have the statement suppressed, by the way, we are in New York State. The police felt there would be more victims; however, there are none. I have 11 charges against me. I have never been in trouble with the law, thus I was released under supervision. My lawyer feels that if a plea is made by the district attorney, which there has not been one up to this point, it would include prison time. He also said that if we go to jury trial and I am found guilty, I would face much more time than if I took the plea...my question is (as this is my first time ever being in the legal system, like I said) is this my attorney just giving worst case scenario? He did say that the police did let me go with no bail, etc. and released me under supervision...I have been teaching for 15 years as a Special Education Teacher and never had any accusations up to this point...so I am scared to death.JA: Since laws vary from place to place, what state is this in? And when did this happen?Customer: New York State, June 2016JA: Has anything been filed or reported?Customer: Such as?JA: Anything else you want the lawyer to know before I connect you?Customer: No.

Read more

Zoey, JD

Doctoral Degree

32,496 satisfied customers
Can a New York state trooper, legally, take the SD card from

Can a New York state trooper, legally, take the SD card from my dash cam and while reviewing for a specific incident, give me a ticket for anything else he finds not pertaining to the reason he took the memory chip in the first place?

Read more

Dwayne B.

Juris Doctor

37,238 satisfied customers
Can a motion to dismiss on the grounds of res judicata

Can a motion to dismiss on the grounds of res judicata prevail in a va.circuit court after a general district court judge granted a motion to suppress the arrest in the lower court even though the prosecution NolLe prossed the case aft er the court granted the motion and then direct indicted to the upper court.

Read more

Lucy, Esq.

Juris Doctor

32,626 satisfied customers
View more legal questions
In The News