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I got pull over by the police officer they ask me for my…

Customer Question
OK I got...

OK I got pull over by the police officer they ask me for my driving license I give it to them then they said they smell weed and the car then they said they was going to walk the dog around my car and then they pull off and my car then they take off and my car

Lawyer's Assistant: What state is this in? And how old is the car?

Alabama it a1998

Lawyer's Assistant: Has anything been filed or reported?

They said they find drug and it

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

They pull off and my car then one of the office put me an a other car and take me to a billden one hour later they say they found something

Submitted: 7 months ago.Category: Traffic Law
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Answered in 16 minutes by:
1/3/2018
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 7 months ago
Zoey, JD
Zoey, JD, Criminal Defense Attorney
Category: Traffic Law
Satisfied Customers: 31,866
Experience: 18+ years of high-volume criminal defense work from arraignment through plea or trial.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Did they arrest you before they took your car? Did you give them permission to search it? Are you now charged with a crime?

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Customer reply replied 7 months ago
No they told me to step out the car then they said they smell weed and it the office ask me can he search my car I said no then he said he was going to walk the dog around the car the other offers pull off and my car then the other offers put me in a other car take me to a bild about a hour later they come back and said they found drug an it . Yes they charged me with the drug they said they find an the car
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 7 months ago

Thank you. Give me a few minutes to type a reply.

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Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 7 months ago

This sounds like the search may have been unlawful. Smelling weed does give the police the right to detain you briefly to let a dog walk around the car, but from there, they either need a warrant or an exception to the warrant requirement to search your vehicle.

This doesn't mean that you can't be arrested and charged with a crime. But it does mean that if you want to fight the case, your lawyer can get you a special pre-trial suppression hearing designed to explore and challenge the search of your car, the seizure of the evidence and the arrest. If your lawyer wins the hearing -- difficult but not impossible -- the drugs cannot be used as evidence in your case. That would mean the case against you would have to be dismissed.

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Customer reply replied 7 months ago
They charge me for the drug they found and the car they search me be for they pull off and my car
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 7 months ago

I saw that. Did you not see my answer? If not, I'll paste it here:

This sounds like the search may have been unlawful. Smelling weed does give the police the right to detain you briefly to let a dog walk around the car, but from there, they either need a warrant or an exception to the warrant requirement to search your vehicle.

"This doesn't mean that you can't be arrested and charged with a crime. But it does mean that if you want to fight the case, your lawyer can get you a special pre-trial suppression hearing designed to explore and challenge the search of your car, the seizure of the evidence and the arrest. If your lawyer wins the hearing -- difficult but not impossible -- the drugs cannot be used as evidence in your case. That would mean the case against you would have to be dismissed."

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Customer reply replied 7 months ago
What do I need to do
Traffic Lawyer: Zoey, JD, Criminal Defense Attorney replied 7 months ago

If you've been charged with this crime, you need to get yourself a criminal lawyer. If you want to fight the case, he'll be able to get you a hearing where you can challenge the search and perhaps get the evidence thrown out of court.

If you don't want to fight the case because you do not want to risk going to trial, he can get you a deal that will keep you out of jail and perhaps can even let you come out of this case without a criminal record.

If you can afford a lawyer, have him with you at your first court date. Once he sees the criminal complaint and talks to the prosecutor, the two of you can discuss your case and you will know how you want to go forward.

If you cannot afford a lawyer, plead not guilty on your first court date and then you can let the judge know that you cannot afford a private lawyer and ask him to appoint you a public defender.

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