Legal Question in Criminal Law in California
My boyfriend was arrested and charged with use of i.d. with intent to defruad. At the time I was living with him and his parents so we stayed in the same room. When they were finishing up with the search I asked them if we were going to get a list of the items they were taking, a polite officer answered yes, but appearently another officer didn't like me asking questions so then arrested me too saying that I'm going too because I'm his girlfriend and must know something (this within the last 3 mins of a half an hour search). I had absolutly nothing to do with the charge and my boyfriend told them so. We were then taken to questioning (boyfriend and i) and was told I was not being arrested or charged with anything but apprently they lied because afterwards I was booked and held in jail for 12 hours. I was released to myself (no one had to bail me out), and I have no prior record. I do still have to go to court for this charge. I would like to know was this an unlawful arrest for apprently being associated with someone who might have done something?
2 Answers from Attorneys
Next time you are in the presence of a police officer, shut up and don't answer questions. The same goes for your BF. And never consent to a search. If you had only kept your mouth shut, odds are you would never have gone to jail or been charged with a crime, and you would not now be facing a criminal record. Maybe your parents will help you get a lawyer so you won't have a record and you'll be able to get a job during your lifetime.
You'll learn the answer to that from the ruling on your evidence suppression and other motions, or from plea bargaining with the DA and court. It will depend upon the charges filed against you, and all the police reports and evidence, which will tell a different version of the story from yours. If serious about hiring counsel in this, feel free to contact me.
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