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I am wondering if I am able to fight my case? I think he…

Customer Question
I am wondering if...

I am wondering if I am able to fight my case? I think he might have illegally searched my car?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

North Dakota

Lawyer's Assistant: What steps have you taken so far?

I went to court and plead not guilty. I made too much money for a court appointed attorney. And my next court date is April 11th

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I refused the search to my car. He had a drug dog in his police car. He ran the dog around the car and said he hinted something on my driver's side. He found nothing inside my car. Tried to Pop My Trunk but could not find the button, I noticed him trying to look for it back and forth from side to side a few times. Then he took the key out of my ignition and open my trunk. Finding my marijuana and meth with paraphernalia.

Submitted: 3 months ago.Category: Criminal Law
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Answered in 5 minutes by:
3/19/2018
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 3 months ago
CrimDefense
CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 32,325
Experience: 10+ years defending Misdemeanor and Felony cases.
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Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

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Customer reply replied 3 months ago
Do you think I have a fighting case?
Criminal Lawyer: CrimDefense, CriminalDefenseAtty replied 3 months ago

Good morning. I certainly understand the situation and your concern. Yes, it is possible that the evidence found and that is being used by the State, can be suppressed. You would want to retain a criminal defense attorney to look over the facts of the case and see what is stated in the report and also depose the officer, who searched the vehicle and stopped the car and made the arrest. If the search was illegal, the evidence could be suppressed. They will also need to find applicable case law to support their argument as well. If there was no basis to stop the car or reason to search it, you could have a defense.

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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).

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