Minneapolis, MN asked in Criminal Law for Minnesota

Q: if the prosecutor made a false statement saying I had drug para/a scale on my persons in a motion response can I fight

im on appeal currently because, I was pulled over as passenger in a vehicle I was placed under arrest for a misdemeanor non drug related warrant at the time of my arrest I was detained and moved to a squad car later a k-9 sniff of the car lead to a physical search, in that perch was found in a back pack was 80 grams meth [para] also in the center console was pipes also in the rear cargo was a id of the driver along with marijuana small amount. My question is the prosecutor is trying to relate that the back pack was search incident to arrest because it was on my side in a two door suv also he said that a officer put me in handcuff patted me down found a scale and a large amount of money [564.00] in'' my right front pocket'' in his motion response to our suppression of evidence motion the judge would deny our suppression . in trial however the officer testify that there was no scale found any were nor was there one in evidence im pro se in my brief to appeals should I base the finding

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3 Lawyer Answers
Jonathan Matthew Holson
Jonathan Matthew Holson
Answered
  • Criminal Law Lawyer
  • Rogers, MN
  • Licensed in Minnesota

A: You should not represent yourself on appeal. Get an attorney to represent you. The attorney will be in the best position to raise appellate issues.

Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: This is something that a criminal attorney would need to be the attorney-of-record, with access to all information and sources of information. Only then could that attorney analyze the facts, the trial court record on appeal, and the relevant law. From the limited info provided here, yes it could be helpful if the searching police officer's trial testimony contradicted the prosecutor's pretrial assertions. Consider getting an attorney to help, including the Minnesota Appellate Defender's Office.

William Bailey
William Bailey
Answered
  • Criminal Law Lawyer
  • Bloomington, MN
  • Licensed in Minnesota

A: You should have an attorney assisting you with this. There are very particular rules about how things must be done on appeal. If you try to do this on your own, you may end up making costly mistakes.

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