The Indiana Court of Appeals ruled earlier this week in the case of Bryant v. State that having an incompetent trial lawyer does not necessarily entitle a person to a new trial.
In this case the Defendant was strip searched after being arrested for a misdemeanor the officers. Specifically, officers "forcibly bent" Defendant over and retrieved marijuana from the Defendant's buttocks. The law in Indiana is that officers generally cannot strip search a Defendants accused of misdemeanors. There is an exception if the police reasonable suspect that the Defendant is concealing contraband.
In this case the Defendant's attorney did not attempt to exclude the evidence that was forcibly extracted from the Defendant. This was a mistake. The Court of Appeals ruled that this was okay because the police officers testified that the Defendant leaned over in his car and that was suspicious behavior. Thus the Court of Appeals decided that a motion to exclude would not likely have been granted.
The bottom line? When you need to hire an attorney you need to find someone who can, if necessary, take your case to trial. Because you only get one shot. You had better make it count.
If you have been charged with a crime or otherwise need a trial attorney, contact Indiana Trial Attorney Marc Lopez today at (317) 489-9611 or through his law firm's website.
