Legal Question in Criminal Law in California

I was in a car with some friends and some undercover police told us to get out of the car, and they began to search it. They found my canister which held all of my medication at the time contained 5 grams of marijuana and $15. When I tried to explain I bought a 5 gram 1/8 oz for $45 (which is usually $60)directly from a vender that sells by the gram, the police stared talking over me saying They're not stupid, they do this all the time, etc. Later after bring me into the station the arresting office told me to make a statement because the judge isn't really going to listen to what your saying and if you write down that your "sorry" and show remorse. He also mentioned I should say my family fell on hard times and the judge would probably only give me community service.


Asked on 9/02/09, 10:59 pm

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

You didn't ask a question, but if you are charged with a crime, you need a criminal defense attorney. If you can't afford to hire an attorney, ask the judge at your first court appearance to appoint the Pubic Defender to represent you.

Do not post a bunch of personal details on LawGuru, which is a public site accessible to the police and prosecution. You obviously like to talk, which will hurt you in a criminal case.

If you find yourself in a similar situation in the future, the ONLY things you should say to the police are:

1. Officer, I respectfully decline to speak with you without an attorney present.

2. Officer, I respectfully decline to give you permission to search me (or your clothes, purse, backpack, home, car, etc.) .

However, DO NOT physically resist a search.

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Answered on 9/02/09, 11:19 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

It's not clear, but it sounds like you might have taken the cop's "advice." I think you understand now that the cop was working you to get a statement that he could use against you. He wanted you to write something that was somewhat incriminating. If you did that then you'll need a good lawyer who knows how to investigate a case to show what really caused you to provide those "incriminating" statements.

By the way, you don't need a lawyer to scold you. You need a lawyer to help you turn this around. Don't ever feel like you have to let a lawyer put you down for the situation you find yourself in. It's simply not our place as defense lawyers to sit in judgment of you; the prosecutor's are usually happy to fill that role.

From what you wrote, it sounds like there are some real problems with the cop's search and interviewing �technique.� A good lawyer will immediately start to investigate the case and develop a number of strategies as to how she can help you get the best result possible.

Good luck!

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Answered on 9/02/09, 11:45 pm


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