Corinth, NY Criminal Defense Law Firms & Lawyers

Simply sitting empty and locked in the driveway or parking lot, no, police would need a warrant to search, unless you are on probation or parole and waived your 4th Amendment search and seizure rights. If you were driving and quickly got out and locked it before they could get to you, yes, it would arguably be part of a stop and they could search. If you were arrested and charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.

Not likely. However, it depends on what you are asking for. If the original sentence was more than the maximum, then he can not be sentenced to more time. If the original sentence was less than the maximum, and your request is for re-sentencing, then he could be sentenced to more time. It depends on what the appeal is asking for.