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Well I'm looking to get probable cause thrown out. Friend of

Well I'm looking to get...
Well I'm looking to get probable cause thrown out. Friend of mine got high took off into woods called 911 saying he was being chased hallucinating I guess, cops reverse call find his location, Copa recognized him said he was coming from my place cops go to my place find syringe caps like two of them I wasn't home at time cops detain me as I arrive home while they get warrant Wichita they got. They found his drugs which he'll admit were his yet I'm still being charged a felony and I didn't even know he had drugs on him. Question is how are caps alone probavle cause? I have diabetic friends, could have blown in from a neighbor.
JA: What state is this in? And can you tell me a little more about the charge?
Customer: Idaho I was given felony possession with intent to deliver and misdemeanor possession of paraphernalia
JA: Have you talked to a lawyer yet?
Customer: Yes I have one. I'm just trying to learn, I'm innocent I didn't even know he had drugs, so I'm trying to learn as much as I can
JA: What advice did they give you?
Customer: Nothing yet
JA: Anything else you think the lawyer should know?
Customer: He's knows the whole situation top to bottom but sometimes laywer B can come up with something lawyer A overlooked
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Answered in 1 minute by:
8/9/2016
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience: Attorney and Counselor at Law
Verified

Hello. I will help you today. I have been an attorney for 27 years. I am reviewing your question and will be back to you shortly.

Ask Your Own Criminal Law Question

Your lawyer is going to have two opportunities to attack the probable cause in this case for you. First in a preliminary hearing. Second, in a suppression of evidence hearing.

I will give you information on this in a few minutes.

Ask Your Own Criminal Law Question

If the prosecutor does not take this case to a grand jury, you will be entitled to a preliminary hearing. At this hearing the prosecutor has to show the judge that there is probable or sufficient cause that you committed the crimes of felony possession with intent to deliver and misdemeanor possession of paraphernalia. The prosecutor has to prove substantial evidence through witnesses and lab evidence. Your lawyer will be able to challenge this evidence for you through cross-examination of the witnesses. If the prosecutor is able to prove there was probable cause to arrest you for these crimes, the judge will send this case to the district court.

Then your attorney will have another opportunity to challenge the drug evidence found in your house with a suppression motion and a suppression hearing. At this hearing, the prosecutor has to show that there was probable cause to enter your house. Your attorney will be able to attack the search warrant and all the actions of the police that led up to the signing of the search warrant by the judge. Your attorney will be able to cross-examine the police witnesses to try to show the court they acted illegally in obtaining the evidence in your home. If your attorney is successful in showing the police had not probable cause to obtain the warrant to your home, then this drug evidence will be thrown out and cannot be used against you. If your attorney is not successful, you will have to go to trial or take a plea in this case.

Please let me know if I can help more. If you are satisfied with my help, please rate me.

Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
Experience: Attorney and Counselor at Law
Verified
Colleen Grady and 87 other Criminal Law Specialists are ready to help you
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Colleen Grady
Colleen Grady
Colleen Grady, Attorney and Counselor at Law
Category: Criminal Law
Satisfied Customers: 555
555 Satisfied Customers
Experience: Attorney and Counselor at Law

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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).

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