Legal Question in Criminal Law in California
On 4/16/08 the police entered my motel room without my permission, the other person in the room opened the door for them. after they arrested him for a warrant they came all the way into my room and started throwing it apart, i do not have search & seizure, they searched him and found drugs on him, they did a presumptive test on the drugs and they tested positive for cocaine, and one for meth. at the time he was never arrested or ever charged with what they found on him. they said in the police report they would let the san mateo district attorneys office review the case and decide whether he should be charged. instead they charged me with what he had. i know this sounds unscrupulous, but what can i do to defend myself.
2 Answers from Attorneys
You can get a lawyer. If you can't afford to hire one yourself, the court will appoint one for you at public expense.
By the way, it is entirely plausible for both of you to have been in possession of the drugs that the other person had on him at the time. There is nothing inherently improper about the charges you describe. You may be able to beat them, but there is nothing "unscrupulous" about the charges themselves.
What Mr. Hoffman says is true, in general, but you did not state they charged both of you. You said they charged you. Also, it depends on what they found. Two crack pipes with two people and two rocks might create a fair conclusion that you were also in possession. But say nothing to the police or D.A. and get a lawyer. You are in my area if you can afford private counsel. If not, get the Public Defender. Your case may well be fightable and winable.
More info at my web site: http://dinday.com/results.htm
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