Q: Can I ask to see the evidence on my first court appearance?
The officer claims he found 6 roaches in my floor board, however I asked to see WHAT he found but he only explained WHERE he found them. I know for sure I vacuumed my vehicle out the previous day.
A:
Not really as First Appearance is VERY limited in scope. You get to see the charges as presented to the court through the initial warrant or UTC. They check your criminal history, confirm some stuff, and can set a bond on many charges (not all). There is not a place for you to contest anything of substance. Hopefully you will get to see a police report as part of the process, though, and that should illustrate the investigation on something like where the roaches were allegedly found.
Keeping contraband past its generally accepted useful life is romantic and all, but generally inadvisable from a 4th amendment perspective. Non Smokers can smell them a mile away.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
