Criminal Law

Criminal Law Questions? Ask a Criminal Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

My nephew is currently incarcerated has been for the last 18…

Customer Question
My nephew is currently...

My nephew is currently incarcerated has been for the last 18 months he was out on bond and was pulled over due to failure to signal while turning the officer approached the car saw he didn't have a license search the car drugs were in the car now the police report States where the infraction occurred but my nephew was never on that corner there is only 10 seconds prior to the officer getting out of the car on video from the - Cam does he have a possibility of a motion to suppress case

Lawyer's Assistant: Have any charges been filed? If so, when is the next court date?

Yes charges have been filed April 25th

Lawyer's Assistant: In what state did this occur?

Illinois

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

Not that I can think of

Submitted: 17 days ago.Category: Criminal Law
Show More
Show Less
Ask Your Own Criminal Law Question
Answered in 2 minutes by:
4/2/2018
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 17 days ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,984
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Please be patient as I may need to research for you, and it also takes time to compose and type a reply.

Ask Your Own Criminal Law Question
Customer reply replied 17 days ago
Illinois statute states of the dash cams are bought with grant money they have to run continuously so shouldn't the infraction be on video
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 17 days ago

If a police officer has what is called an articulable suspicion -- something less than probable cause but more than a hunch -- he can pull a car over. Driving too fast, too slow, too erratically, too aggressively, too tentatively, having a broken tail light, a dirty license plate, too darkly tinted windows, just about anything you can think of can be a predicate for a stop.

From there the officer can ask for identification, even order you out of the car if he wishes and do a pat down for his safety. If during the course of all this, the officer sees something that indicates that something more is going on than meets the eye, he can proceed to investigate further, and even look into the car and take what's in plain view. What he cannot do is a full-scale search without either a warrant or a warrant exception.

There is a procedure set down by the US Supreme Court to determine whether your nephew's constitutional rights have been violated by an improper search and seizure, because all of the facts and circumstances of each particular case has to be heard before a court will determine whether police conduct was or wasn't proper. If he wants to fight your drug possession case, he would be entitled to a pre trial hearing on the issue of the stop and all that flowed from it to see if the police overstepped their authority in violation of his 4th Amendment rights.

At such a hearing the prosecutor will put the officer who stopped him on the stand, and have him tell why he pulled you over, and how it led to your arrest. As part of that, he would have to explain the search. Your nephew's lawyer would then get the opportunity to cross-examine the officer and show how he violated his rights without probable cause or a warrant.

The standard that the court must use to judge such a hearing has also been set down by the Supreme Court. It is what a reasonable officer would do under the same circumstances. If the judge finds the search unreasonable, the evidence improperly taken could be suppressed, meaning it can't be used against him. Without the drugs, there can be no possession case. Your nephew's criminal charges would have to be dismissed.

Your nephew's lawyer would be entitled to discovery material. The state would have to turn over police reports and any videos if they are available. Dash cams break down just like any other equipment. But if a video exists it would be made available to your nephew and his attorney.

Ask Your Own Criminal Law Question
Customer reply replied 17 days ago
I have seen the video and the please report the police report States that he pulled him over for failure to signal while turning right in front of him from a corner that my nephew was never and I don't believe his constitutional rights of search and seizure violated at all I'm questioning the stop altogether everything past the stop was done proper according to procedure but my nephew is ever on the corner that they
Customer reply replied 17 days ago
I have seen the video and the please report the police report States that he pulled him over for failure to signal while turning right in front of him from a corner that my nephew was never and I don't believe his constitutional rights of search and seizure violated at all I'm questioning the stop altogether everything past the stop was done proper according to procedure but my nephew is ever on the corner that they say he was
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 17 days ago

Thank you for clarifying.

It doesn't change the answer that I gave you, however. There is only one way to get evidence suppressed, and that's for his lawyer to file a motion for a suppression hearing. This is the law of the land as handed down by the US Supreme Court.

The Supreme Court has said that all suppression issues must be litigated on a case-by-case basis, because there is not hard and fast rule as to what is or isn't Constutional. Each case has to be examined at a hearing according to its unique facts and circumstances.

So can your nephew's attorney file a motion to suppress the evidence? Absolutely, It will get him a hearing. If he wins the hearing the evidence is suppressed. If the judge finds that the police behaved reasonably under all of the facts and circumstances, however, the evidence will be usable against him at trial.

If the stop is improper, then everything that follows from that stop will have to fall too.

Ask Your Own Criminal Law Question
Customer reply replied 17 days ago
I understand that his lawyer did file a motion to suppress but now feels the fact there is no video is not enough anymore and it would be he said she said so I am just trying to get another opinion
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 17 days ago

He's not wrong in that suppression hearings are very hard to win. They do, however, make for great discovery for the defense because you can learn exactly what the police will say when they testify and they can't change their story. So even when the defense loses the hearing, he can still get the same issues in front of a jury who, unlike a judge, might not be as quick to believe the police.

Also, the burden of proof for hearings favors the state. The burden of proof at trial, however, favors the defendant, as the state has got to prove guilty beyond a reasonable doubt in order to prove your nephew guilty.

Ask Your Own Criminal Law Question
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 16 days ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Ask Your Own Criminal Law Question
Was this answer helpful?
Ask Zoey_ JD Your Own Question
Zoey_ JD
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,984
29,984 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
In a criminal harassment trial (MA 265; 43A), can the
In a criminal harassment trial (MA 265; 43A), can the defense ask the judge to llicit from the jury what their specific findings were? Conviction requires the finding of 3 separate qualifying incident… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
In the affidavit for probable cause they cant use anything
in the affidavit for probable cause they cant use anything they found if I gave consent right they would have to explain why they stopped they would have to have prove of some type of stolen property … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
4,027 satisfied customers
Well, my situation is a probable cause for DUI. I was
Well, my situation is a probable cause for DUI. I was released for posting bail after I went to court. I was told to get an ignition interlock installed within 5 days I have an appointment for thursda… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
154 satisfied customers
The arresting officer in the police report dated his
the arresting officer in the police report dated his narrative as 10 days before the alleged crime was thought to take place his statement is dated 1/20/18 the date of the alleged crime was 1/30/18 … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
If a police report was made for abuse but left and was not
If a police report was made for abuse but left and was not arrested what are the next steps? Will I be in trouble? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
If the police do not have probable cause to even stop at the
if the police do not have probable cause to even stop at the house then my consent that said I gave would be non existant… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
If they didn't have probable cause to stop then me
ok so if they didn't have probable cause to stop then me consenting to the search isn't valid right… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
292 satisfied customers
I have questions on criminal trial procedures on charges of
I have questions on criminal trial procedures on charges of sexual battery and assault. Will these questions appear online? … read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
Can a court-appointed criminal attorney [CJA] refuse to
Can a court-appointed criminal attorney [CJA] refuse to admit material evidence related to a case [reverse 404b evidence] and calling (or submitting a motion for witness subpoena) for witnesses of a d… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
1. can charge in criminal court for theft of services. In
1. Fred can charge Susan in criminal court for theft of services. In addition he can file a lawsuit in civil court to collect money.2. Fred does neither and sells me the money she owes him ( accounts … read more
Expert James
Expert James
Doctoral Degree
11,964 satisfied customers
If a criminal case felony was resolved in court with
if a criminal case felony was resolved in court with probation and closed.. CAn it be repopened' … read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
154 satisfied customers
If the discovey and police report are given to a person has
If the discovey and police report are given to a person has not been charged yet but could potentially be charged how will it affect the case… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
Will a police report be effected, Alabama, No, That's all
Hi JA: Hello. How can I help? Customer: Will a police report be effected JA: Since laws vary from place to place, what state is this in? And when did this happen? Customer: Alabama JA: Have you talked… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
A falsified backdated police report was made against me by
A falsified backdated police report was made against me by an homicide investigator to aid my ex spouse in covering up his domestic violence on me. What can I do about it? … read more
Nisha Jones, Esq.
Nisha Jones, Esq.
Juris Doctorate
2,595 satisfied customers
Can probable cause be challenged on appeal if it wasn't
Can probable cause be challenged on appeal if it wasn't raised in the trial court and a plea of no contest was entered 2 years ago? I was stopped for a marked lanes violation and the cop claimed I dri… read more
Zoey_ JD
Zoey_ JD
JustAnswer Criminal Law Mentor
29,984 satisfied customers
In Massachusetts. A police report filed for Criminal
In Massachusetts. A police report filed for Criminal Harassment (c265, s43A) contained firearms license status, and "he purchased 20 guns in the year leading up to this dispute." No malice, no threats… read more
James Daloisio
James Daloisio
Attorney
Doctoral Degree
154 satisfied customers
A false police report was called in saying someone has a gun
Hi, a false police report was called in saying someone has a gun and is trying to kill themselves, the SWAT team shows up. The pweson finally comes out of the house and a search warrant is issued to s… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,745 satisfied customers
Person pulled over in dui traffic stop - no probable cause -
person pulled over in dui traffic stop - no probable cause - while pulled over sheriff saw he had active warrant out of state so he is in custody for his out of state warrants—BUT no charges are fille… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
36,578 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