Who do I need to convince that I was illegally searched?

I cant afford a lawyer but I can prove that I was illegally searched. I plead not guilty to the drug charge and was given a trial date. Is there a way that I can avoid trial all together and have the charges dropped. Lawyers I've spoken to have charged me thousands when all I need them to do is talk to the state. Can i do that? can i call them up and say hey here's what happened here's my proof or can they use that against me some how? May I write the judge? defend myself in trial? Know any reasonable lawyers in south fl?

6 Answers

  • trai
    Lv 7
    1 decade ago
    Favorite Answer

    Yes, of course, the prosecuting attorney can use anything you tell them against you. Your correspondence with the judge in your case *must* be limited to the motions filed with the court.

    A experienced criminal prosecutor is going to eat you alive in court, hun. Get a criminal defense attorney, even if you have to beg or borrow to do it. A drug conviction will affect your ability to get employment, loans, accepted into school, housing, and government assistance (including barring you from student loans) for life. If there really is a chance you can get out of this, you don't want to blow it.

    Contact the Florida State Bar Association for referrals to firms that work at reduced rates and/or take payments.

  • 1 decade ago

    You absolutely are able to defend yourself; it is a Constitutional right. It is called "attorney pro se" [attorney for yourself]. It may not be wise, depending on the seriousness of the offense. I am assuming this is a criminal drug offense. You may call the state's public defender or equivalent [legal aid society etc.]. You have a right to have an attorney appointed to you if you are unable to afford one. Call the Prosecutor's office, find out which attorney has the prosecution duties on your case and meet to discuss a plea bargain [again, you should have a lawyer for those negotiations]. The Fourth Amendment of the Const. governs search and seizure: the search must have been conducted with "probable cause" or "reasonable suspicion" to believe you were committing a crime or concealing a weapon or with your consent or because you were being held for another offense. Get a lawyer. Some lawyers in firms work a few cases "pro bono" [for free] or call the public defender. Good luck

  • Anonymous
    1 decade ago

    you of course have the right to defend yourself at trial. and when you are in trial youll have to formally request that evidence from the search be dismissed due to illegal search and seizure the judge will hear your story, see your proof and make a decision. if he drops it, then simply request that the charges be dropped due to lack of evidence and he can make a decision to dismiss the charges right then. there are MANY laws covering search and seizure i suggest you study and memorize as much as you can because the prosecutor may attempt to bombard the judge with facts that you cant argue against simply because you have not been to law school. learn as much as you can about that then learn about lack of evidence in a trial and making a motion to dismiss due to lack of evidence... and if you can find other cases similar to yours to provide examples for the judge where other judges have ruled in the defendants favor.

  • euler
    Lv 4
    4 years ago

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  • 1 decade ago

    You would need to file a motion to suppress evidence and get a hearing date. You need to get an experienced criminal attorney.

  • 1 decade ago

    How do you know you where illegally searched? did you give consent? did they have probable cause? if you answered yes to either then sorry but they did not illegally search you.

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