Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

I was stopped in Eugene OR and told to get out of my

Customer Question
vehicle, was not asked whereas...
I was stopped in Eugene OR and told to get out of my vehicle, was not asked whereas they searched and found minor meth in it, I was taken to jail, my dog was put in the pound, truck towed and wrote me up for having drugs. Where are my civil rights in that was not ask to be searched????
Submitted: 8 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 29 minutes by:
1/2/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 8 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,697
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Customer

Police can pull over a vehicle on any articulable suspicion. If you're driving too fast, too slow, too carelessly, too carefuly, with your lights on, without them, with bro***** *****ghts, etc. Almost anything wlll hold up as the basis for a stop. From there, the police officer can ask you for identification and ask you to get out of the vehicle. He can pat you down to check for weapons and his safety, and take what's in plain view from your vehicle, but if he's going to do a full search of the car, he's supposed to get a warrant or to have an exception to the warrant requirment.

The charge against you is a felony, and you should retain a lawyer if you can do so, as soon as you are able. If you cannot afford one you can plead not guilty at your arraignment and ask the court to appoint you a public defender. You can talk to your lawyer about the background of this case and the police improprieties that you experienced. While I don't see what lay behind the officer's decision to stop you or search you, I can say that if you want to fight your case, your lawyer will be able to file motions for suppression hearings designed to investigate and challenge Constitutional violationsm abd the judge will most likely grant you the hearings.

The law as to search and seizure, however, is very complicated. The rules are not nearly as cut and dried as they look in the Constitution. Decisions on whether police have overstepped their authority and violated someone's Constitutional rights are determined at suppression hearings on a case-by-case basis. The test the court will apply is what is reasonable under all the circumstances. So even though you believe that the police were very incorrect here, and even if proves later to be true, the case will be prosecuted.

If you decide to fight his case rather than take any kind of deal, and you are granted a hearing, what happens is that the prosecutor will call the police officer to the stand and will question him as to what he did in your case. He will ask him to explain the stop and to discuss the search, the arrest, any post-arrest questioning, and so on, to try to show that everything the police said and did was reasonable under all of the circumstances.

When the prosecutor is finished, your lawyer would be able to cross-examine the police officer to try to show just how the police abused their authority, how they stopped you for no apparent reason, how they searched your vehicle without a warrant, or without asking for your consent, as well as question them about anything else your lawyer believes may have been improper. After both sides have finished getting all the evidence out there, the prosecutor and the defense attorney will each get an opportunity to argue their point of view before the judge, drawing support from the testimony that came out at the hearing. After that, the judge will make his ruling.

If the judge rules that police actions were reasonable under the circumstances, the evidence would be allowed to be used against you at trial. If, on the other hand, the judge rules that the police violated some or all of your rights, evidence seized as a result of those violations which would not have been inevitably discovered anyway would have to be suppressed. If the drugs got suppressed, obviously your whole case would have to be dismissed.

There are two other things that you should know about suppression hearings The first is that these hearings are very difficult to win. Judges give a lot of deference to the judgment calls of police out in the field and usually they will find their actions reasonable. The second is that generally these hearings aren't available until the end of the case, right before a jury would get selected. By then, any favorable deal the prosecutor has proposed is usually off of the table. This is important to keep in mind, because if the evidence does not get suppressed, your may or may not have a very strong trial case. Your lawyer would be able to advise you of your trial chances early enough in the case for you to decide whether to move the case to hearings and trial or take advantage of a favorable plea bargain.

As a general rule, although this is a felony charge, a first felony possession of a controlled substance would usually yield an offer of probation. Methamphetamine is a schedule II drug and possession of it is a class C felony in Oregon carrying carry a maximum penalty of up to 5 years of prison and a fine of up to $100,000.

_____

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.
Ask Your Own Criminal Law Question
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,697
28,697 Satisfied Customers
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.

Zoey_ JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends.

NormaPensacola, FL

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

3,194 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

P. Simmons

P. Simmons

Lawyer

2,063 satisfied customers

16 yrs. of experience including criminal law.

RobertJDFL

RobertJDFL

Lawyer

1,862 satisfied customers

Experienced in multiple areas of the law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,631 satisfied customers

Licensed attorney with 29 yrs. exp. in criminal law

AttorneyTom

AttorneyTom

Lawyer

1,242 satisfied customers

Attorney

< Previous | Next >

Related Criminal Law Questions
How can I get photos and trial transcripts from my husband's
how can I get photos and trial transcripts from my husband's criminal trial? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,697 satisfied customers
O. I am a witness in a case going to trial and i have not
I am a witness in a case going to trial and i have not bewn sapenad i got a ticket to leave im staying with a sick aunt for 2 months what is my options can i ne in trouble? Im in las vegas. Nevada … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,689 satisfied customers
My son is scheduled to have a pre-trial hearing tomorrow
My son is scheduled to have a pre-trial hearing tomorrow morning at 8:00 AM what should he expect? Does he need a lawyer present? They say if he does not show they will put a warrant out for his arres… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
35,307 satisfied customers
I just did 21yrs STRAIGHT IN FEDERAL JAIL. I WENT TO TRIAL.
I just did 21yrs STRAIGHT IN FEDERAL JAIL. I WENT TO TRIAL. THE PROSECUTOR LIED IN TRANSCRIPTS THAT THEY HAD THE DRUGS SENT TO THE FORENSIC LAB. I WAS CONVICTED OF CONSPIRACY TO SELL CRACK COCAINE. I … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Sure - my bf lost his criminal trial on Wed and was
Sure - my bf lost his criminal trial on Wed and was convicted of two felony charges. At the end, the judge remanded him to custody for knowing/willful violation of his probation terms (for a civil dvr… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
If a man is on trial for rape (AKA battery in FL), and there
If a man is on trial for rape (AKA sexual battery in FL), and there exists an ex boyfriend of the alleged victim who has in his possession texts in which she accuses him of date rape and then recants.… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,697 satisfied customers
If a man is on trial for rape, can the defense offer
If a man is on trial for rape, can the defense offer evidence that the complainant (alleged victim) has been diagnosed with bipolar disorder in the past?… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,697 satisfied customers
Can a parent prevent a child from testifying in a trial?
Can a parent prevent a child from testifying in a trial? This is in the case where the child claims to be molested and it's in the state of Ohio.… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
56,261 satisfied customers
I was on Pre-trial diversion program in Texas, I got
I was on Pre-trial diversion program in Texas, I got arrested in dallas this last weekend for PI and resisting arrest. What happens now?… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
I show up to trial and request a continuance because I have
I show up to trial and request a continuance because I have not recieved discovery? Now this is what I am getting hung up on. I filed request for discovery after the pre-trial. I did not know I was su… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
80 satisfied customers
I am writing a script about a rape trial in the state of
I am writing a script about a rape trial in the state of Florida. I want to review real jury instructions for my research. Are you able to tell me where I can find real jury instructions for a Florida… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,697 satisfied customers
I'm writing a story about a rape trial. In trial, if the
I'm writing a story about a rape trial.In trial, if the alleged victim is giving testimony about the attack/rape, can she describe what her assailant was saying to her during the attack? Can she descr… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,697 satisfied customers
My trial keeps getting postponed, is that a good thing?
My trial keeps getting postponed, is that a good thing? Charges, criminal mischief, owi, battery, residential entry … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
During my Bench Trial in Federal Court on a misdemeanor
During my Bench Trial in Federal Court on a misdemeanor charge of Simple Assault, I testified in my own defense. I would have made a more aggressive defense, but I thought certain points were best lef… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,697 satisfied customers
Can we extend court trial date just before two days of trial
Can we extend court trial date just before two days of trial date. If Yes what are the possible reason may judge and state attorney agreed for extension.… read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
1,778 satisfied customers
Is it possible to extend the court trial date. If Yes, how
Is it possible to extend the court trial date. If Yes , how and when need to be informed before court trial date.… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
During trial and post trial, court will document the
During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they not conducting c… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
Second opinion] During trial and post trial, court will
Second opinion] During trial and post trial, court will document the profession, current employer, family details etc. Do you think current employer will come to know about court proceedings, if they … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
28,697 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x