Directed to J.M.A. Thank you for your continued response to my questions. I appreciate it very much. I have in fact already hired a very good lawyer.

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Directed to J.M.A. Thank you for your continued response to my questions. I appreciate it very much. I have in fact already hired a very good lawyer.

I’m just doing a bit of research to educate myself. As per the mechanics I have documentations from both of their findings and both will appear if necess. As for driver, I have had no contact with him. Is it normal for him to have been released & not arrested immediately upon my arrest? Even with multiple stops for driving on a suspended. The paper said he was cited & released. But as of yet has not had one court date even set, I’ve been to 3. He did tell a 3rd party he would sign an affidavit that the pipe was his. But hasn’t yet and most likely won’t. R many sim cases granted dsmssl?

Asked on May 8, 2009 under Criminal Law, Arizona

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am glad that you hired a good lawyer - thats the first step in the battle.  As for the driver, you can find out when his court date is by calling the court that your case is pending in and ask the criminal court clerk.  The two cases are separate and while the basis of the stop affects you both, the state is treating them separately for some reason.  in any event, note that if the state violates someone else rights as far as the stop of the car is concerned, you are not protected also.  In other words, if the police did not have a basis to stop the car, but then found the pipe that they claim is yours since you own the car, you may not have what lawyers call "standing" (i.e. the legal right) to suppress the pipe.  Therefore, it is very inportant that you get this guy to say the pipe is not yours!  An affidavit is good, but it is not admissible in court as a substitute for testimony unless the state will permit it to come in.  I would run these issues by your lawyer and make sure that you are spending your money wisely - i.e.  the path of least resistance is the way to go.  Good Luck!


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