CJA 315 Module 5 Assignment 1 Violence and Drugs in Centervale Defend CJA 315 Module 5 Assignment 1 Violence and Drugs i | страница 2

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?