Our client was being charged with carrying a concealed weapon, possession of cannabis < 20 grams, and possession of drug paraphernalia. She was pulled over during the NBA All Star Weekend for alleged illegal window tinting on her vehicle. She was immediately ordered to exit her vehicle and was detained outside of the vehicle for a period of about an hour. Upon OPD request to search her vehicle, our client did not give consent to search. The OPD officers searched the vehicle anyways, claiming a right to open the vehicle to check/measure the degree of window tinting on the windows. Upon searching the vehicle, the officers discovered a machete tucked beside the driver seat, as well as a small amount of marijuana and paraphernalia used to smoke the marijuana.
The Modarres Law Firm recognized the 4th Amendment search and seizure implications of the officer’s conduct in this particular case. Through a series of aggressive pre-trial motions and negotiation with the State Attorney, we were able to successfully negotiate three first-degree misdemeanor charges being dropped down to a withhold of adjudication on 2 charges (with the 3rd charge being dismissed), 2 months of probation and 25 hours of community service. Our client has successfully completed her probation and these charges will not go on her record as a criminal conviction.
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