Legal Question in Civil Rights Law in California

I have a question regarding So CA cases - My brother who owned a limo company had one of his limo's stolen and burned in Nov 2008. In may 2009 he was arrested for the crime, but is innocent. The case was never filed by the DA's office until Nov 2011 in which no additional evidence was found. As of 6/2012 we are currently going through the process. So they waited a few days just before the statue of limitations was up to file the case. The previous DA did not file the case due to last of evidence. The current DA flipped a coin to see where the case might go and filed the case just a few days before the statue of limitations were up. They found no additonal evidence and still to this day don't have any. Even the DA himself stated that he did not want to try the case or even do the prelim hearing which is coming up in the beginning of Aug. Our attorney says that he is 100% sure that he can win the case due to the DA having no evidence. I don't get this - Can the DA just screw with my brother like this without any financial penalty or lawsuit from us when this is done? There has got to ge away for re-payment of fees because of this going on 4 yr old case for a burning stolen limo? We need some help and answers for this case.


Asked on 6/25/12, 12:52 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

CAN the DA do these things? He DID already, didn't he? You said it was filed within the statute of limitations. You don't know what evidence the DA has until the discovery package is turned over by the DA and the court at your arraignment. If there is actually a lack of evidence, then evidenciary motions or a preliminary hearing could get the case dismissed.

And, no, you have no valid claim against the govt, even if the case is dismissed again. The govt and its agents are immune from such claims unless you can prove 'intentional' violation of civil rights, which is a very high hurdle.

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? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except an attorney. 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 who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

Read more
Answered on 6/26/12, 11:38 am


Related Questions & Answers

More Civil Rights Law questions and answers in California