Q: I was pulled over for no reason when I ask the officer why he could only ssid I looked suspicious. He finds drug on me
Can I beat these charges for illegal stop
A: Possibly on a Motion To Suppress. You will need a competent attorney to prepare for a Preliminary Hearing and file the latter Motion if Indicted. Do not get in any more trouble, and it might be time for a new phone.
Without probable cause that you committed a criminal or traffic offense, an officer cannot initiate his or her blue lights to seize your person and cause you to pull over. The officer needed specific and articulable facts to establish probable cause and seize you. However, unfortunately, the case does not automatically go away. Instead, you will need your lawyer to order the body cam footage to show the ADA that the officer lacked probable cause to initiate a traffic stop. This may result in a favorable plea offer. If not, your lawyer can request the judge to dismiss the case following a preliminary hearing where your lawyer will cross examine the police officer on the reason, or lack thereof, for the stop and for your arrest. Regardless of whether the judge dismisses the case or not, it will be up to the DA's office whether to bring your case forward to the grand jury. If your case goes through the grand jury and you are indicted to criminal court, your lawyer can once again negotiate with the ADA on your case, which depending on the district sometimes changes from general sessions to criminal court, then if it is fruitless your lawyer can file a motion in criminal court requesting the judge to suppress the stop and dismiss the case with there being no remaining evidence.
I wish you the best of luck in finding a lawyer that will fight for you and hopefully get you a favorable resolution based on the illegal seizure issue.
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