Legal Question in Criminal Law in California

My boyfriend caught a case for breaking and entering and resisting arrest. The situation summarized is this:

He had to much to drink and was walking home to his apartment from another apartment in the complex. Every apartment hallway looks exactly the same in every building. He got confused and went to the door of apartment 204, on the 2nd floor..when he lives below on the 1st floor in apartment 104...A stupid mistake. He took his keys out and started to try and open the door. The door was unlocked but not open, and with his keys out he entered the apartment. He walked inside another person's apartment and startled the resident that lived there. That is when the breaking and entering got charged. He said "this is not my apartment" to the resident. He left and she called the police. He got scared himself and left the building and started to try and walk to his apartment on the floor below. He got lost and ended up getting tackled by a Sunnyvale police officer on a bike. Startled, my boyfriend didn't know what was going on and just wanted to get home. After struggling with the police offficer, he realized he was tackled by a cop by seeing him since the police officer didn't adress himself as being a police officer. That's where the risisting arrested got charged.

While the police officer started talking to my boyfriend. 3 of our friends that are students fom the college we both go to ( we all live in student housing which is for the college we all attend in sunnyvale that is down the street)

that live in the same complex right next to the scene start to record on audio everything that is happening between my boyfriend and the police officer from right after he got tackled to when he was handcuffed without his rights being read (which his rights being read is NOT heard on the audio file, simply because they were not read)

We have 4 witnesses and a Audio file.

He went for his first court date about 5 -6weeks ago. He pled not guilty and has another court date on the 30th. This case needs to get dropped. What can we do to make that happen? Any advice?


Asked on 6/20/14, 2:26 pm

3 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

Get him a good lawyer. Give me a call at 415-336-7534.

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Answered on 6/20/14, 4:19 pm
Anthony Roach Law Office of Anthony A. Roach

You have a lot of misconceptions. The first misconception that you have is that the police have to read someone their rights before they arrest them. They do not. The police are only required to read someone their rights prior to custodial interrogation. If they never asked your boyfriend questions while he was arrested, then there was no need to read him his Miranda rights.

Another misconception that you have is that people can audiotape people without their permission in California. They cannot. Audiotaping someone without their express permission is a violation of Penal Code section 632, and renders the audiotape completely inadmissible in a court of law.

Stop relying on stuff you see on TV and read about on the internet. Encourage your boyfriend to get a good attorney now.

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Answered on 6/22/14, 7:50 pm
Terry A. Nelson Nelson & Lawless

What can we do to make that happen?

Probably nothing. Dismissal seldom happens unless the DA is sure they can't win the case. I doubt that is what this DA is thinking. He is likely to chuckle about the 'multiple mistakes' defense story.

Hire him a good criminal defense attorney. If the defendant has no priors of any kind, he might get a decent plea bargain offer. Or you could go to trial and risk sentencing to the full term of the law if convicted.

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Answered on 6/22/14, 11:26 pm


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