Legal Question in Criminal Law in California

baton in question

my friend borrowed my car and he got pulled over for a broken headlight and the cops found my baton in the truck he told them that it wasnt his. He has been to court for it yet, would the judge call me in to verify its mine or will they just leave it on him.


Asked on 3/09/09, 2:08 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: baton in question

You could be brought in to court as a witness, but you would not have to answer questions about whose baton it is -- the answer might incriminate you, and therefore you would have the right under the U.S. Constitution to refuse to answer the question. The DA knows you have this right, and for this reason it's quite likely you won't be called as a witness.

Better to keep your mouth shut.

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Answered on 3/09/09, 2:15 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: baton in question

Your friend will be on the hook for this unless you are willing to step forth and take the responsibility that it was yours. You have to understand that by doing this you risk having charges filed against you.

If you choose to take the blame, best option would be to do it through a lawyer before any charges are filed against your friend or you. Perhaps both of you could get out of this situation unscathed.

Hope this helps,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 3/09/09, 6:36 pm


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