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if my rights were not read to me do i have a chance for my

Customer Question
case to be thrown out...
if my rights were not read to me do i have a chance for my case to be thrown out
Submitted: 8 years ago.Category: Criminal Law
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Answered in 4 minutes by:
3/2/2009
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 years ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 29,485
Experience: 10+ years defending Misdemeanor and Felony cases.
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Your rights need to be read to you if you were questioned by the police. If you were questioned and not read your rights, the statements you made could be suppressed. However, the drugs that were found in the car, when you consented to the search, could still come into evidence and be used against you.
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
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Customer reply replied 8 years ago
would there have been a need for probable cause to search the vechicle, other than the headlight being out?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 years ago
Yes. A traffic stop alone would not justify the search of the vehicle. The officer would need something like the smell of marijuana coming from the vehicle to justify a search, if he believed contraband was inside.
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Customer reply replied 8 years ago

so i should have a chance to get case thrown out?

 

Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 8 years ago
You may have a valid motion to suppress. Hire a criminal defense attorney and have them look into the facts of your case.
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