CJA 315 All Assignments CJA 315 All Assignments | Page 9

In addition , twenty marijuana plants were found in the basement of the house , along with $ 8,500 in cash and a receipt book filled with Abby ' s handwriting .
When you interview your client , she states that she barely recalls that evening , because she was completely drunk at the time the police showed up . She tells you that she doesn ' t even remember being in the police car and has no idea that she was told her rights , because she didn ' t sober up until the following morning .
She denies any knowledge of the marijuana plants in the basement of the house but states that the other marijuana on the table was just there for a party she and Bobby were going to have later that night . She also tells you that she is about four months pregnant with Bobby ' s child . You have Abby ' s trial starting the next morning .
Utilizing APA guidelines , citing your sources in text , and creating a corresponding reference page , cite relevant case law and specific information from external sources , present a 6- to 8- page research paper to illustrate how you would defend your client . Please address the following issues specifically in your paper :
Can any of the evidence found in your client ' s home be suppressed ? If so , why and on what grounds ?
Can any of the statements uttered by your client at the crime scene or in the patrol car be used against her ? Can any of them be suppressed ? Why ?
Can the state meet its burden of proof in this case ? If not , why not ? What can you argue to defend your client on the basis of the evidence listed in the case ?
Can your client ' s best interest be served by engaging in trial ? Or would it be better for her in the long run to make a plea . If so , what might your request be to the prosecuting attorney for a plea deal ?
Assuming your client is found guilty on felony charges stemming from the marijuana possession , what argument might you make to the judge and the jury regarding sentencing ? What constitutional amendment supports your theory and why ?