Legal Question in Civil Rights Law in California

I was arrested in a hotel the day after I had to give my home back to the bank due to a divorce and foreclosure I just went through. The night the lock was but on my home was the day before christmas I was at storage tired and dirty from packing a friend offered to get a hotel so I could wash up but he had no id so the room was in my name but there was another person and my dog at the hotel with me. The police showed up in the morning for a fourth waiver search he let them in. A controlled substance with paraphanalia in a black bag was found in a recycable grocery bag found by the bed along with everything that was on top of the bed that I had thrown in that bag so I could go to sleep . All I had was a wallet with a five and three ones my makeup bag the dog and the only two presents I was able to buy my kids for Christmas a notebook labtop and a ipad which were in the box and I had a receipt for. There was a labtop and cellphone on the table which were not mine. When asked if I had a purse I said no and the other person in the room denied any of the property being his. I was arrested because I was told the grocery bag looked like a purse and a rolled up 20 dollar bill was sticking out of my wallet with white powder on it. I only had 8 dollars the 20 was not mine. I was arrested they threw the keys to my so called friend who took off with my car, left my dog in the room all day and took the only presents I had for my children. The hotel later went to the room to clean it and my dog jumped out at them so they called impound and also stated no presents were in the room or the laptop. The other person stated he left everything. The police dint even ask me if I wanted for him to have my property or what was going to happen with my dog she sat in the hot room alone until 3:00 that day when I was arrested at 8:00 .I am a 4th waiver from a felony animal cruelty conviction in 2011. I haven't hired a lawyer yet and during the first hearing the DA stated I had violated my informal probation from 2011. Does this mean I have to go to jail?


Asked on 1/05/12, 4:39 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

The long recitation of facts is premature. Tell them to the attorney you hire. The issue is that you have been charged with one or more crimes, with priors and probation violation, each of which could put you in jail or prison. That is for your attorney to fight.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through 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, using whatever defenses there may be.

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Answered on 1/05/12, 11:11 am


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