NYC trouble - threads merged on 12.4

[Rgrbulldog]

I beat a case in CA due to illegal search. If he gave verbal consent for them to search his vehicle, it is probably on dash/ body cam. If that's the case, don't try to fight it, he will not beat it. On the other hand, if there if there is no video/ audio, he will need a witness to coroborate his story, and would have to claim he refused the search. If there was two cops there, and he was by himself, claiming illegal search may be pointless, unless he likes jail.

All in all, he can probably strike a deal. If he's a first time offender, and the weapon was locked away the way you described, they will probably drop it to a misdemeanor.

It might not be wise to attack the integrity of the police officers if he gave consent, dumb mistake or not.

 

[troutman]

I'm in for $100. Just let me know. I have a boy who is almost 18, and I could see him being In this situation.

 

[Dallasdave]

I used to travel to NY every year to visit with the wife's family, got lucky a couple times, waved through road side check points. You could see the disappointment on the officers face when that ga plate rolled away. Going into Canada one year they almost took my truck apart looking for a gun i said wasn't there "it was left at her uncle's house"

 

[palmettomoon]

**** all that "fight" talk. You don't have their resources. They don't give a **** what's right and wrong. Don't tell anyone about that doesn't need to know or he'll be "that dumb ass" for the rest of his life. Take the misdemeanor deal, pay the fine and move on telling no one. I'd be embarrassed for doing something that foolish.

 

[WileyX585]

I'm going to talk to a few of my buddies that are NYPD about the AP ammo charge... I don't believe that..

 

[gh1950]

He needs to take the deal.

What the DA is talking about is called "pretrial diversion" in Georgia.

His attorney sounds like he is on the ball, but your buddy wants to make sure the deal is in writing. Real writing, not emails.

Your buddy needs to ask about "first offender treatment" (may have a different name in NY). It makes the misdemeanors go away. but if it is available buddy needs to really consider if he wants to use it on two misdemeanors. If he is never going to set foot in NY again, first offender is the way to go.

No way in the world would I risk a felony conviction on a motion to suppress (challenge to search warrant), which he is likely to lose. If he loses, what is he going to do then? Usually in a criminal case, you can't appeal a motion to suppress until after you have been convicted. Sad to say, but this is one of those cases where he can't afford to be "right".

BTW, 5K for a NYC attorney in a criminal case is the deal of the day. As someone else mention, that,s entry level DUI fee locally.

Here's an idea, see if the atty. wants to take out his fee in some guns.

 

[Nuke And Juke]

I'm going to talk to a few of my buddies that are NYPD about the AP ammo charge... I don't believe that..

Please do. This will help us. Pm me

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[Nuke And Juke]

He needs to take the deal.

What the DA is talking about is called "pretrial diversion" in Georgia.

His attorney sounds like he is on the ball, but your buddy wants to make sure the deal is in writing. Real writing, not emails.

Your buddy needs to ask about "first offender treatment" (may have a different name in NY). It makes the misdemeanors go away. but if it is available buddy needs to really consider if he wants to use it on two misdemeanors. If he is never going to set foot in NY again, first offender is the way to go.

No way in the world would I risk a felony conviction on a motion to suppress (challenge to search warrant), which he is likely to lose. If he loses, what is he going to do then? Usually in a criminal case, you can't appeal a motion to suppress until after you have been convicted. Sad to say, but this is one of those cases where he can't afford to be "right".

BTW, 5K for a NYC attorney in a criminal case is the deal of the day. As someone else mention, that,s entry level DUI fee locally.

Here's an idea, see if the atty. wants to take out his fee in some guns.

I dont think my legion will qualify for payment and it also has a 15 rd clip. Thats prob a no no in NYC

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[Nuke And Juke]

next court date is august. in for updates???

 

[Falcon1]

next court date is august. in for updates???

In