Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Criminal Law

last night i was arrested and charged with under the influence

Customer Question
of a controlled substance (meth)...
last night i was arrested and charged with under the influence of a controlled substance (meth) and possession of a controlled substance (meth) . my question is about the way the police stopped me . i live in a small rural community and I've been a law abiding citizen for the most part give or take a few minor traffic tickets anyway last night i was walking to the store about 7:00 pm and half way there the police pulled up and stop me the officer asked who i was and i told him and asked if he would like to see my I D ,he said yes i gave it to him and the other officer asked if he could search me , I stated that i was not on parole or probation and therefore i did not think that there was any reason to be searched . after I said that he asked me when was the last time I used meth and i told him that it has been awhile then he said my pupils looked big and grabbed my arm and took my pulse . all of that shouldn't matter because they didn't have any reason for stopping me right
Submitted: 5 years ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 8 minutes by:
2/2/2012
Criminal Lawyer: RobertJDFL, Lawyer replied 5 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,057
Experience: Experienced in multiple areas of the law.
Verified

Thank you for your question. After reading my answer, if you require additional information, press "REPLY" and I will be happy to assist you further.

 

Unfortunately, it's not a yes or no answer because it depends on the totality of the circumstances. A stop is justified if a person is exhibiting any combination of the following behaviors:

  1. Appears not to fit the time or place.
  2. Matches the description on a "Wanted" flyer.
  3. Acts strangely, or is emotional, angry, fearful, or intoxicated.
  4. Loitering, or looking for something.
  5. Running away or engaging in furtive movements.
  6. Present in a crime scene area.
  7. Present in a high-crime area (not sufficient by itself or with loitering).

Assuming a stop is lawful, police can then frisk you to check for concealed weapons in certain circumstances; if for example, the officer is concerned about his safety or the safety of others. If anything else is found during the frisk, like drugs, those can be lawfully seized.

 

Now, if you were just walking home, not exhibiting out of place behaviors, acting suspiciously, or doing anything that was suspect, then the officer didn't have right to stop you. You could fight the arrest on grounds of an unlawful stop. Proving it may be the most difficult part because unless there were witnesses or a video camera recording, it could come down to a case of your word versus their word , and then it would be up to a judge to decide if the stop was lawful.

 

*****************************************************************************************************

JUST ANSWER IS A "PAY FOR" SERVICE. As I do this for a living, not a hobby, please honor and respect the honor code and pay me as you would any other professional.

 

DISCLAIMER: This response is limited by the information that you have provided to this lawyer. Based on the information you have provided, I have responded based on my knowledge and interpretation of existing laws. It is possible that if the same question was asked to another lawyer, the response could be different. This response is for "Legal Informational" purposes only and should not be confused with "Legal Advice" and nothing in this response should be construed as legal advice for any individual case.

 

Under no circumstances does this response directly or indirectly, establish or intend to establish an Attorney-Client relationship. This response is not and shall not be construed as a solicitation for the legal services of any attorney. If you have already retained a lawyer in connection with this inquiry and this fact is unknown to this lawyer, this response should not be construed as impending and/or interfering with your attorney-client relationship with such attorney. This attorney is not responsible for any loss, injury, claim, liability, or damage related to your use of this response, whether from errors or omissions in the content of the response or any other sites that I may provide to you for reference.

Ask Your Own Criminal Law Question
Customer reply replied 5 years ago
so does that mean if plead not guilty by reason of unlawful stop and i have a witness maybe two witnesses because the police also had a person in there vehicle who was just arrested for a warrant told me at the jail in booking that he didn't understand why i was being stopped but he did hear the police say lets check this guy out. would that possibly prove an unlawful stop
Criminal Lawyer: RobertJDFL, Lawyer replied 5 years ago
You can plead not guilty and then have an attorney argue to dismiss the charge on the basis of an unlawful stop. Does having witnesses guarantee that the case would be dismissed? No, it depends on what they saw, and what they can testify to, and what the arresting officers testify to, and ultimately, what the court believes -but having witnesses who can state that you weren't intoxicated, weren't acting suspiciously, and were doing nothing other than walking certainly gives you an opportunity to challenge the matter.
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,057
Experience: Experienced in multiple areas of the law.
Verified
RobertJDFL and 87 other Criminal Law Specialists are ready to help you
Ask your own question now
Customer reply replied 5 years ago
at the jail they did a urine test and it came back positive for meth when you say intoxicated you mean alcohol right
Ask RobertJDFL Your Own Question
RobertJDFL
RobertJDFL
RobertJDFL, Lawyer
Category: Criminal Law
Satisfied Customers: 14,057
14,057 Satisfied Customers
Experience: Experienced in multiple areas of the law.

RobertJDFL 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

3,175 satisfied customers

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

P. Simmons

P. Simmons

Lawyer

2,014 satisfied customers

16 yrs. of experience including criminal law.

LawTalk

LawTalk

Lawyer

1,815 satisfied customers

30 years legal experience

RobertJDFL

RobertJDFL

Lawyer

14,057 satisfied customers

Experienced in multiple areas of the law.

Nate

Nate

Lawyer

1,736 satisfied customers

Over 10 years of criminal defense practice.

Marsha411JD

Marsha411JD

Lawyer

1,623 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
I was arrested for soliciting of a in DC. I've never been in
I was arrested for soliciting of a prostitute in DC. I've never been in any kind of trouble before, what should I do?… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
When I came to the district court yesterday to attend court
When I came to the district court yesterday to attend court in small town in Oregon (I flew in there all the way from Sacramento, Cali. and drove 3 hours one way from Portland)... I went to check in w… read more
RobertJDFL
RobertJDFL
Lawyer
14,057 satisfied customers
I moved and was mailed a court date for court and fail to
I moved and was mailed a court date for court and fail to appear for a suspsended license and have a bench warrant out for me, what should i do… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was received a summons today to appear in court in court
Hello! I was received a summons today to appear in court in court for harrassment. My landlord was supposed to give me back my security deposit , and kept giving me the run around. On the last of many… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
If i got a ticket for soliciting (), will i be going to jail
If i got a ticket for soliciting (prostitute), will i be going to jail or is it gonna be a fine and stay on my record? Is there any way I can remove it?… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Can you be busted for solicitation if you offer someone
Can you be busted for solicitation if you offer someone money for sex in a text or email? If so, is there a specific way you'd have to ask in order for it to be illegal? For example, using "sugar dadd… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was recently caught at a sting operation for soliciting a.
I was recently caught at a sting operation for soliciting a prostitute. I had money on me and agreed to a fee via text. I would like to hire a criminal defense attorney but want recommendations for co… read more
RobertJDFL
RobertJDFL
Lawyer
14,057 satisfied customers
What evidence is needed to be arrested for solicitation for
What evidence is needed to be arrested for solicitation for prostitution? I know a girl who works in strip club since long time,she have drugs problem as well in past she took my money by giving some … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I was charge with soliciting prostitution with out any
Hi, I was charge with soliciting prostitution with out any intentions of having sexual activities. When I approached the young lady I just wanted to meet her and ask her out on a date, when she finall… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
My fiance was charged in the past with: Procure For Solicit
My fiance was charged in the past with: Procure For Prostitute Solicit Another For Lewdness Assignt 2nd Off". Now, she wants to file petition for me but I am afraid that could be an issue and wanted to check.. She did not do this but was driving a friend and she did not know … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,996 satisfied customers
I had a question for a friend who solicited an escort via
Hi I had a question for a friend who solicited an escort via text with no intent … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,473 satisfied customers
Can i get charged with solicitation months after the
Can i get charged with solicitation months after the incident … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
34,659 satisfied customers
Police just got me on solicitation of a and let me go and
Police just got me on solicitation of a prostitute and let me go and told me I had to midnight to find them a drug dealer, someone doing something illegal....if not they gone put out summons for me to… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I had a question about solicitation of prostitution in
Hello. I had a question about solicitation of prostitution in MA...I responded an an online ad on Backpage last night and I got a response after 2 messages that my number was recorded for solicitation… read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I'm a first time offender for soliciting for prostitution in
Hi I'm a first time offender for soliciting for prostitution in Colorado and my court date is tomorrow. I don't have a defense attorney or anyone to represent me? Is that bad? What's your advice? … read more
Brandon M.
Brandon M.
Attorney at Law
Juris Doctorate
12,463 satisfied customers
I have not been arrested or charged for solicitation but I
I have not been arrested or charged for solicitation but I think I may … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
How much is fine for first offense soliciting prostituion.
how much is fine for first offense soliciting prostituion … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
Arrested for soliciting prostitution. This is my first
Arrested for soliciting prostitution. This is my first arrest, I have never been arrested in the past. What are my options? … read more
LawGuy
LawGuy
Juris Doctor
123 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