Saint Albans, NY asked in Criminal Law for New York

Q: What if a detective denied me a lawyer? could my case be thrown out? criminal possession of a controlled substance

I have no record, when i asked for a lawyer the detectives told me if i wanted a lawyer they couldn't help me and would charge me with a felony instead of a misdemeanor. I wasn't even given a phone call. I was also pulled over for no traffic violation reason and there was no criminal activity the detectives saw. They were driving down the block of someone they went to high school with and have a vendetta against and they saw me pull away from in front of his house, then they turned around and pulled me over and found what they had found. Could this case be thrown out?

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2 Lawyer Answers
Michael Arbeit
Michael Arbeit
Answered
  • Criminal Law Lawyer
  • Freeport, NY
  • Licensed in New York

A: If you do not already have an attorney representing you, consult with one immediately. If you do, speak to them about these issues. Your version of the events and the police version I am sure are going to be completely different, but that's what suppression hearing are for.

Michael D. Litman
Michael D. Litman
Answered
  • Criminal Law Lawyer
  • White Plains, NY
  • Licensed in New York

A: You need an attorney to fully review the facts of the case. It may be possible to have evidence suppressed if procedures were not followed properly , or if there was no basis for the stop. No attorney in this forum is going to be able to say if it can be thrown out without a full review. If you don't have an attorney yet, get one as soon as possible.

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