Q: Can police take cell phones?..& is 18 months before even being offered a plea a violation of a right to a speedy trial?

Defendant was indicted on charge for poss.of g2 cs 1-4g’s. After a year & a 1/2 of rescheduling court dates, prosecutor offered a plea bargain that was reluctantly accepted by defendant after advise from court appointed counsel.

Defendant believes counsel was overwhelmed & therefore ineffective by not addressing the numerous & egregious constitutional violations.

Among several rights violations, was the confiscation of defendant’s cellular device. Because, to date, it has yet to be returned.

Defendant’s arrest was result of a traffic stop where law enforcement officers alleged a minor traffic infraction (improperly signaling lane change.)

Without cause, defendant was immediately asked to exit the vehicle & submit to a pat down.

Video footage from law enforcement’s patrol vehicle shows that the defendant did, in fact, signal properly.

It is the defendant’s firm belief that the stated reason for initiating the stop was a known false pretext, & the stop was conducted in bad faith.

1 Lawyer Answer
Charles William Michaels
Charles William Michaels
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Answered
  • Appeals & Appellate Lawyer
  • Baltimore, MD

A: First, I am not a Texas lawyer. But I believe that the initial procedure you should explore is a motion before the trial court to nullify your plea. I would assume that in the questions you were asked before entering that plea, is that you have given up any right to appeal. So the first thing is to deal with your plea, and you could in that motion (or possibly post-conviction) argue what you have said above.

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