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Got another question about a recent file charged last year.

So I was pulled over...
Got another question about a recent file charged last year. So I was pulled over by Gang Task force sheriff's office for a tail light (three lights on back of car and the middle small light in a mitsubishi galant '99 back window was not working). Three black undercover cars cornered my car (last court issue I had previously was violation of a restraining order which was dismissed year before that and before that was a DUI conviction in 2006 just to give you background for what they could've maybe seen in their computer system) and pulled me over. One cop on my car side and the other on passenger side. I regret to this day giving permission to search car but I did (as thought they would've have made up something else to say probable cause). Ended up finding ounce of weed in trunk (wasn't mine) but in my car so I'm responsible. They didn't arrest me but did handcuff me and noted tattoos and personal information as I was detained. They had to use keys to unlock my trunk (which was their initial move but then searched my car thoroughly (engine, gas tank, other places) for 20 min and then just took the weed and let me go. Upon them leaving I asked if I was getting a ticket and he said just get my weed card and I'll be fine. Which I did the next day by still got charges filed against me four months later. In which my attorney said they had offered me a program for six months that upon completion charges would be dropped. PC 1000 the exact name. Did actually had the charges dropped as I did complete the program.

Questions are...Hard to say if I said "no" about searching my car could they just have made up some probably cause notion (maybe at that I could've have been arrested for the weed, which thankfully I wasn't...Just want to know my rights towards that aspect.

Second, if I would've chosen a public defender could I have been offered that PC1000 program as well (as attorney's are costly)

Questions just been wanting to ask.
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11/8/2012
Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1,346
Experience: I have multiple years experience prosecuting and defending clients.
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meigs004 :

I understand. Basically, since they pulled you over because of the tail lights being out, they only had probable cause at that time to believe you were in violation of that traffic law. So at that time, they only had reason to cite you a traffic offense. Upon your consent, they then had full right to search the vehicle. So the answer to your question is that they could not have searched your car without your consent, and there was no possibility of them discovering further evidence in your car with regard to your tail lights being out.

meigs004 :

Next, the offering of the program is discretionary upon the prosecutor. However, public defenders have good working relationships with prosecutors as they work with them often, and sometimes can get better deals than defendants by themselves, or even private attorneys.

meigs004 :

Does that answer your questions?

meigs004 :

If so, please remember that I do not receive a salary or wages, and while I know I already informed you in our previous chat I can not be credited for our time together unless you do provide a positive rating.

Customer:

yes, good to know for future reference. Basically got taken for. Just even in their report they said they could smell the odor emitting from my car (which was their first statement in the report)...Never got a ticket for the tail light as well.

meigs004 :

I understand. I am glad I could help. Please provide a positive rating prior to exiting the chat tonight!

Meigs
Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1,346
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