I'm 24 y.o female, NY. was stopped while crossing the street one evening by two detectives. They asked me to come to them and while questioning me, began running their hands down my pants and patting me down. Two male officers- i repetitively proclaimed " I do Not give consent for a search". One officer replied "it doesn't matter what you consent to". I had drugs in my bag and was given a D.A.T. upon appearing, my 'diacovery'was failed to be given several times. The judge gave a deadline for the discovery er r to be produced and they did not meet. They produced the discovery 16 days late but my public defender did not request any adherence to that deadline. Now I have court tomorrow and I fear my case is already botched. Based on these circumstances I've stated, I'd like to take this to trial &I want this case dismissed or I'd like to be fined for a lesser charge. Please advise me. I need the help &opinion; of someone intelligent-which is Not my current attournry I have no prior convictions however I have been arrested before. They want 10 days in jail and 1yr. Probation or 2 years of treatment court(I do not accept either). The evidence was discovered on the basis of an illegal search and therefore inadmissible. Please give your opinion and professional advice.. this is urgent. I will appreciate any advice, help or opinion immensely.
1 Answer from Attorneys
In order to have the evidence suppressed you would have to be successful at a hearing. Based just on what you're saying, if the police officers testify at the hearing consistently with your version, you would likely be successful. Of course, they probably have a different version of the events. If you are unhappy with your current attorney you have the right to retain your own counsel. You should search online for someone who handles criminal defense cases in the jurisdiction in which you were arrested.
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