What to do if I’m currently being charged with a 2nd degree possession of a controlled substance after a traffic stop that ended in a what I believe is a wrongful search and seizure?

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What to do if I’m currently being charged with a 2nd degree possession of a controlled substance after a traffic stop that ended in a what I believe is a wrongful search and seizure?

There were 5 male adults in the car, yet I was the only one arrested due to the 14grams of Meth being shoved behind my seat. The car was pulled over for a plate light being out (which wasn’t out anymore 14 hours after I was arrested and car was released back to the owner). I have never been in trouble with the law before, and yes I am a drug addict myself and can’t stay sober although out on terms of release before my trial. What do I do since I can’t reach my public defender, have no job,and can’t afford an attorney?

Asked on December 26, 2012 under Criminal Law, Minnesota

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your first issue is your attorney situation.  You mention that you can't reach your public defender.  Considering going by his/her office in-person and setting up an appointment.  Sometimes an in person visit will work better than just leaving a message.  If you still have problems getting your attorney to communicate with you, you may need a new attorney.  If you can't afford an attorney, talk to the judge at your next court setting about appointing you a new court appointed attorney on the basis of your current attorney's failure to communicate.  The judge may or may not grant your motion-- but absent hiring your own attorney or representing yourself-- that's your only option.

When you visit with your current or new public defender, then you do need to talk to them about filing a motion to suppress.  If the court determines that the initial stop was illegal, then the evidence against you could also be excluded. 


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