Las Vegas, NV asked in Criminal Law, Civil Rights and Legal Malpractice for California

Q: Is this ineffective counsel? Malpractice?

Bailey v United States 2013 is about a man who had left his house just as it was about to be searched and was stopped, without probable cause, less than a mile away. The search warrant was valid and it was obtained based on the word of a confidential informant. Drugs and guns were found and Bailey was arrested. The supreme court decided 6-3 to reverse the conviction as it was a violation of the 4th amendment. If the same thing happens to someone else (in Los Angeles, CA) can their lawyer use Bailey v United States 2013 to have the case dismissed? Bailey v United States 2013 is precedent, isn't it? If the lawyer has knowledge of the case but convinces his client to just take a plea deal, is that ineffective counsel? Malpractice?

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: much more info is needed.

without ALL the facts it is impossible to answer your legal question with specificity.

you have a lawyer, who I assume knows the law, and s/he advised you of a course of action. I suspect there is a reason for that.

pose that question to your lawyer, and ask why the case would not apply.

i have a feeling it has already been explained to you.

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