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What should the guy in this story do? Where they allowed to detain him legally? Were they allowed to convince the girl or scare her into saying it wasn't hers?

This legal question related to Criminal defense attorney in MayfieldKentucky has been answered.

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Location: Mayfield  |  Law type: Criminal defense attorney
Solved

THIS GUY is at THIS GIRLS just chillin. There to do a tattoo on her for free b/c she asked him if he could & would. Actually she begged him to come do it. He finally went. On this particular day the police happen to also come over. They show up an hour or two after THIS GUY does looking for an escaped fugitive that THEY let escape from THEIR custody that THIS GIRL had been having relations with prior to him escaping & apparently after him escaping. THIS GIRL lets the police in to search for the fugitive. He's not there but THIS GUY is & he's no stranger to police. He has a past criminal history but he has also managed to complete his parole & remain out of trouble the past couple years. He was there inside THIS GIRLS house minding his own buisness where he was supposed to feel safe & away from ppl & trouble, not bothering nor harming anyone & noone should have been able to bother nor harm him. Simply just a guest at THIS GIRLS house there to do something for her that he believed to be positive & loved to do that had been able to help him stay out of trouble. He just hppened to be asked to come to a house that the police suspected an escaped fugitive to also be at. THIS GUY is a familiar face to police though. Whether he was there to do something productive or not, the police dont like him & he was not leaving that house w/o going to jail that day. Somebody was going. Why not him. The police pull the "we smell weed trick" even though THIS GUY had been there an hour or two & noone had smoked any weed since him being there. The trick scares THIS GIRL into "admitting to personally possessing marijuana" in her house & volunteers to get it for them but doesn't consent to them searching her home w/o a warrant. Keep in mind, they were there looking for an escaped fugitive & neither THIS GIRL nor THIS GUY was him so neither of them should've bothered nor harrassed nor arrested but somehow them looking for him turns into this. Her giving them the weed is something that could have very well been done. Having a small amount of weed is a misdemeanor & a citational offense. A ticket could have been written & them going on about their day but doing that was not gonna be good enough. They now send for a search warrant to search her entire home. They detain the both of them. THIS GUY & THIS GIRL. They're forced to sit there while a search warrant is obtained all b/c THIS GIRL admitted to personally possessing marijuana in her own home where THIS GUY just happened to be a visitor. The police return with the warrant & somehow the warrant has THIS GUYS name listed on it. They search her home & find drugs & paraphanalia scattered all throughout her house randomly in different locations. They ask THIS GUY if the drugs belong to him "first." He says no. Then they ask THIS GIRL, the owner of the house if they belong to her. She says yes. With her saying yes, this story should have ended there. THIS GUY "was supposed" to be able to leave & go home but thats not quite how THIS MAIN OFFICER wanted this story to play out so he rewrote the story to play out how he wanted it to. THIS MAIN OFFICER was not leaving that house w/o THIS GUY goi to jail. Especially with only THIS GIRL goin. He takes THIS GIRL outside away from the other officers & THIS GUY to where now its just him & her & convinces her, coaches her & allows her to change her story so to where now she says the drugs aren't hers. With her being allowed to unclaim the drugs THIS MAIN OFFICER is now able to also arrest THIS GUY for the drugs found in THIS GIRLS house thst she already claimed. Now since neither THIS GUY nor THIS GIRL are claiming the drugs they're both arrested for the drugs. Do yall think if THIS GUY would've innitially claimed the drugs found in THIS GIRLS home that THIS MAIN OFFICER would've pulled him to the side away from everyone & convinced, coached & allowed him to say what he wanted him to say that he wouldn't have bern the only one getting arrested that day. They ask THIS GIRL if they had found everything. She tells them "yes, everything inside the house" which Im not understanding how she would know that if nothing found was supposively hers. She tells them there may be more stuff outside of her home. Outside of her home they find more drugs & a pistol that apparently had been outside for a while due to weather damage & rust on it. THIS GUY was also charged with the gun & drugs found outside of her home even though the gun had been outside for a long time & he had only been there for a couple hours or so & even though THIS GIRL never innitially said any of the things found at her house where THIS GUYS; inside nor outside. Now 8 months later THIS GUY is still sitting in a county jail with a bond outrageously high facing a life sentence b/c of his priors & all these extra firearm enhancements they attatched to his charges with a trial date set all the way off to next June while THIS GIRL was able to sign her own self out for free after not even serving 2 weeks in jail on tne same charges & has since violated her bond & been arrested on new felony drufg charges. Her family & THIS MAIN OFFICER & the judicial system have apparently convinced her to saveherself & say that everything found in her house that day belonged to THIS GUY even though she never innitially said that. She innitially said everything belonged to her then was allowed to change that & say she didnt know who everything belonged to. THIS MAIN OFFICER never even had a reason to bother THIS GUY. They never even found anything in his possession. THIS MAIN OFFICER is using THIS GIRL by arresteing her & him but scaring her into pinning all this stuff on him. She doesnt even wanna do this to him but they're scaring her. This has to stop. Our system is very corrupted & racismn still exists. It's not even being hidden. THIS GUY should have never been bothered. Better yet arrested or indicted for this. The color of his skin, him being not liked by law enforcement & him having a past is not reason enough for him to have to be going through this. Right is right & wrong is wrong. The officer who transported this guy even ended up switching districts bcuz he said there about numbers not justice and was giving the guy legal advice.... 

I'm just a friend helping the guy in this story he asked me to reach out 

Legal Solution

The response provided below is specific to Criminal defense attorney in the jurisdiction of Mayfield. If the response is inadequate, please submit a detailed inquiry.

Legal Analysis of Detainment and Evidence Admission

Legality of Detainment and Search

Under the Fourth Amendment, individuals are protected against unreasonable searches and seizures. If the police had a reasonable suspicion that THIS GUY was involved in criminal activity, they might have had grounds to detain him. However, the scenario described raises questions about whether the evidence was obtained legally, particularly since THIS GIRL initially claimed ownership of the drugs. If she was coerced into changing her story, any subsequent evidence collected might be challenged as fruit of the poisonous tree.

Impact of Prior Criminal History

A person's past criminal history can unfortunately impact how they are treated by law enforcement. While THIS GUY had completed his parole and remained out of trouble, bias and prior history can sometimes influence the actions of the police, though this should not legally affect the presumption of innocence or the rights afforded to the individual.

Evidence Ownership and Admission

The admission by THIS GIRL that the drugs were hers should have been the end of the matter for THIS GUY, particularly if there was no evidence to suggest his ownership. Coercing a change in her statement, if proven, could be a violation of her rights and could potentially invalidate the charges against THIS GUY.

Possible Solutions

  1. Challenging the Search Warrant: The validity of the search warrant, especially since it was obtained based on information from a coerced party, can be challenged. It's crucial to scrutinize the warrant's basis and the information provided to obtain it.

  2. Suppression of Evidence: If coercion is proven, a motion to suppress the evidence obtained as a result could be filed. This would argue that the evidence was collected through unconstitutional means.

  3. Legal Representation: It is imperative for THIS GUY to have competent legal representation. An attorney can navigate through the complexities of the case, ensuring that all procedural and substantive rights are upheld.

  4. Investigation of Coercion: If there is any evidence or witness testimony that can confirm that THIS GIRL was coerced into changing her story, it could be crucial for the defense.

Relevant Legal Resources

Without specific knowledge of the local statutes in Mayfield, it is recommended to visit the homepage of the state's government or judiciary for legal resources. One could start with the Mayfield State Government Website for general legal information and resources.

Pricing and Legal Costs

Service Average Price (Mayfield) Difference from National Average
Initial Consultation Fee $250 +10%
Retainer for Criminal Defense $5,000 +15%
Motion to Suppress Evidence $1,500 +5%
Full Criminal Defense Representation $15,000 +20%

Prices for legal services can vary widely based on the complexity of the case and the lawyer's experience. It is also important to note that some attorneys in Mayfield may work on a contingency basis or offer sliding scale fees based on income.

Complexity of Criminal Cases

Criminal cases become complicated due to factors such as the presence of prior convictions, the seriousness of the charges, potential biases, and the interplay of various constitutional rights. Here are three brief case studies and resolutions:

  1. Case of Unlawful Search: An individual with a prior conviction is illegally searched, and contraband is found. The resolution would involve filing a motion to suppress the evidence due to the illegal search.

  2. Coerced Testimony: If a witness is coerced into providing testimony, the defense can move to have that testimony excluded and possibly seek sanctions against the prosecuting authority.

  3. History of Bias: If there is a history of bias against the defendant by the police, this could be used to argue for dismissal or reduction of charges, especially if such bias led to unconstitutional actions.

Questions for the User

  1. Can you provide any evidence or witness statements that show THIS GIRL was coerced into changing her story?

    This question aims to ascertain whether there is corroborating evidence to support the claim of coercion, which could be pivotal in the defense.

  2. Were there any other witnesses present during the search and detainment?

    Witness testimonies can provide an independent account of the events, which might contradict the police version.

  3. Does THIS GUY have any receipts, messages, or documentation that can prove his presence at THIS GIRL's house was solely for the tattoo?

    Such evidence can support the narrative that THIS GUY was not involved with the drugs and was merely present for a lawful purpose.

Common Legal Questions and Answers in Mayfield

Q1: What should I do if I believe my rights were violated during a search?

You should contact a criminal defense lawyer immediately to discuss the specifics of your case and potential legal remedies, such as filing a motion to suppress evidence.

Q2: Can the police detain me without evidence of a crime?

Police can detain you briefly if they have reasonable suspicion of criminal activity, but they cannot arrest you without probable cause that you committed a crime.

Q3: How can prior convictions affect my current legal situation?

Prior convictions can influence bail amounts, charges, and sentencing. However, they should not affect the presumption of innocence in the new case.

Q4: What if I can't afford a lawyer?

If you cannot afford a lawyer, you may be entitled to a public defender or legal aid services. It is crucial to seek legal assistance regardless of your financial situation.

Q5: How long can the police detain me while obtaining a search warrant?

The length of time the police can detain you varies, but it must be reasonable. If the detention is prolonged unduly without cause, it may be challenged.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "What should the guy in this story do? Where they allowed to detain him legally? Were they allowed to convince the girl or scare her into saying it wasn't hers? " has been changed 11 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Mayfield & area of law: Criminal defense attorney.
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A criminal defense lawyer is a lawyer (mostly barristers) specializing in the defense of individuals and companies charged with criminal activity. Some criminal defense lawyers are privately retained, while others are employed by the various jurisdictions with criminal courts for appointment to represent indigent persons; the latter are generally called public defenders. The terminology is imprecise because each jurisdiction may have different practices with various levels of input from state and federal law or consent decrees. Some jurisdictions use a rotating system of appointments with judges appointing a private practice attorney or firm for each case. Source: https://en.wikipedia.org/wiki/Criminal_defense_lawyer

If you're facing criminal charges (You were detained and imprisoned by the police), You have the right to remain silent. You should remember, that anything you say can and will be used against you in a court. You have - just like anyone else -  the right to an attorney. If you cannot afford an criminal defense attorney, you may qualify for a court-appointed lawyer. 

  • How to Become a Criminal Defense Lawyer? - wikihow.com
  • Tips on how to find the right lawyer to handle your criminal case - nolo.com
  • Various ways that private criminal lawyers charge for their work - nolo.com

How to find and compare top criminal defense law firms that provide legal aid for DUI and other criminal cases? Search Super Lawyers directory, compare criminal attorneys on Justia or browse detailed Avvo reports on Criminal Defense Attorneys across United States.

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