Legal Question in Criminal Law in California

Re: Armed Burglary

Thank you for your posting.

His defense attorney can make an order to have an independent fingerprint lab access and test for fingerprints, yes, after either motion or stipulation and an order to do so.

This is a sometimes expensive process, and as someone that just went through this for a client at trial, I can tell you that fingerprints cannot always be recovered from every surface. However, the benefits are too great, should there be fingerprints, to not at least try.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Re: Armed Burglary

It is possible to check for prints on the gun, as Mr. Miller points out. But there may be other, more important things to do. As an example, if the officer is known for planting evidence on people, I would consider doing a motion to require the police department to bring that officer's personnel files to court. That's where records of any complaints against the officer by other people are kept. If he's "known" for planting evidence on people, maybe other people have complained about it. If so, that's powerful evidence that supports your friend's version of what happened. What he should really do is talk to a criminal lawyer. Most criminal lawyers give free consultations. If he'd like to meet with me, feel free to have him call. Steve Mandell 310 393 0639