Legal Question in Criminal Law in California

My friend completed his probation but was never "taken off in the system".. When he was in the wrong place at wrong time, the Sheriff Dept ran his name and bc it still said he was on probation, they took him back to his house and conducted a search. Drugs were found and he was arrested. Does he have any recourse on this matter and/or was this legal?


Asked on 8/26/14, 10:51 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

You should really get him a good local attorney. I am a Former Deputy DA, and know the DA's office when it comes to probation violations. If this case is in Lancaster, they are very tough. A good defense team will look at every possible legal issue, to get the best deal. I wish you the best....now make a call and get him a good law firm........ David Wallin

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Answered on 8/27/14, 1:11 am
Terry A. Nelson Nelson & Lawless

Yes he potentially has 'recourse' if he gets a good attorney to fight for evidence suppression and wins.

When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you or can evidence be suppressed, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right.

No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 8/27/14, 7:55 am


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