QUESTION
What are my options/probability of fighting the driving on revoked license based on an illegal stop?
Asked on Sep 01st, 2012 on Criminal Law - Florida
More details to this question:
I was arrested for driving on a "revoked license". An officer is saying that he seen me driving but never made the arrest. An hour later, my friend and I were stopped by a different officer and the arrest was made without a warrant. Marijuana was also found that lead to a warrant for my house.
11 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 12th, 2012 at 12:24 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Options. Raise your claim and defense in appropriate motions using whatever grounds are available for legal arguments for evidence suppression and dismissal of charges. You'll get your answer from the judge at the motion[s]. Such delayed arrests are subject to serious identification and evidentiary problems, exactly as you are going to raise. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if the charges are in SoCal courts, feel free to contact me. I'll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.
Answered on Sep 12th, 2012 at 11:43 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If you were seen by an officer who knew your license was suspended or revoked it would be ok. Possibly the 1st officer sent out a "be on the look out?" for your car. I am just guessing without seeing the police report.
Answered on Sep 06th, 2012 at 5:24 PM
Tax Attorney serving North Smithfield, RI
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The Law Offices of Mark L. Smith
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If the officer knows who you are and checked with the registry and found that you did not have a valid license he may arrest. I assume you were driving at the time of the arrest.
Answered on Sep 06th, 2012 at 5:22 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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If the stop was illegal then the charge would be dropped.
Answered on Sep 06th, 2012 at 5:22 PM
Hire a lawyer to challenge the stop. By yourself you have zero chance, because the cop will simply make up a reason.
Answered on Sep 06th, 2012 at 3:51 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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From what ypou are saying, there was no illegal stop. The arrest was proper. You do not tell me the reasons for your revoked license. Those reasons could well determine how much the prosecutor is willing to "negotiate".
Answered on Sep 06th, 2012 at 3:50 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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If the 2nd officer did not have probable cause to stop you, then a "suppression motion" may well exonerate you.
Answered on Sep 06th, 2012 at 3:50 PM
Doesn't sound like an illegal stop. A police officer can run your license plate and pull you over if your license is suspended or revoked. And there is nothing illegal about him waiting an hour or even 2 weeks to issue a ticket. Also not illegal for the 2nd police officer to issue a ticket when he pulled you over and subsequently found marijuana in your car. If he found a large amount, then I can see why he would have a reasonable suspicion that you might have more in your house and he could legally get a warrant to search your house.
Answered on Sep 06th, 2012 at 3:42 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You should have not pushed your luck and not driven after the first police encounter. Retain counsel these are serious charges.
Answered on Sep 06th, 2012 at 3:41 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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It first has to be determined that the stop was in fact illegal. The evidence could then be suppressed. You need an aggressive criminal defense attorney to look into this. You have to pay for one.
Answered on Sep 06th, 2012 at 3:41 PM