How does the waiver apply to areas that others are in? And do police have a right to search after an arrest warrant has been executed and person is in handcuffs. Basically me an my boyfriend were in the garage which is a separate building from house. Th police showed up to arrest him on a vop... View More
It depends on whether he lives there or not. If he lives there than yes it covers the garage if it is on the same property. If the garage is on a separate property or he does not live at the residence than any search of the garage is illegal and anything found in that garage is considered...View More
My brother was caught with drugs while going to the jail for an inmate visit. I had given him a ride but was not privy to the drugs he had with him. When the cops found the drugs on him I was taken on his behalf because he was a minor in my care. What are my defenses?
If a defendant did not know that someone they were with had drugs on them, they could use the defense of lack of knowledge or ignorance. This defense would be used to show that the defendant did not have any knowledge of, or intent to possess, the drugs. Other possible defenses include duress,...View More
I was convicted of 1 Count of Simple Child molestation and one Count of Aggravated Child Molestation back in 2003 during a jury trial. During the sentencing phase of the trial, I was given 20 years in prison and 20 years consecutive to be served on probation for simple child molestation. I am... View More
It is if it stems from the same statement of facts as the aggravated. If it's different facts from a different date then it is not.
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