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Ray, Lawyer
Category: Legal
Satisfied Customers: 42815
Experience:  30 years in civil, probate, real estate, elder law
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i was pulled over and detained,while i was detained the police

Customer Question

i was pulled over and detained,while i was detained the police went to my wifes home were i sometime stay and asked her if they could search my belongings,she said i guess so,they went in my side of the closet and underneath my side of the bed were they found my safe and opened it were they found drugs,do i have a chace at getting this case dismissed?
Submitted: 7 years ago.
Category: Legal
Expert:  Ray replied 7 years ago.
Thanks for your question.You could raise the legality of search as a preliminary issue.If they had no warrant here then it hinges on exactly what your wife told them and whether she consented in the matter.Honestly this is going to be a long shot for you but probably your bes.t chance.It appears she consented by letting them in here to your room. See if they make you any kind of plea deal.You may have right here to court appointed lawyer here in Texas.
Customer: replied 7 years ago.
so they are right then
Customer: replied 7 years ago.
Relist: Incomplete answer.
what are my options
Expert:  Ray replied 7 years ago.
If you proceed to a trial here your lawyer would file a motion to suppress the search arguing that there was no permission or that your room here was yours and no consent from you.The court decides this and obviously this decides whether you would proceed to trial on the charge.Your option would be to see what plea bargain is offered or proceed to pretrial motion and trial if it is not granted.
Customer: replied 7 years ago.

did the police have a right to search without my consent?

Expert:  Ray replied 7 years ago.
You woudl argue here that they did not.You woudl argue the whole idea of a safe was that some other person not have right to search without your consent.It would be an issue here with the court.