Legal Question in Criminal Law in California
I am charged with felony knowingly depriving owner of property permanently, for a vehicle I purchased 2 yrs earlier the transaction was completed at the Ca.dmv office , afterwards the seller actually stole the vehicle back ran out of gas and subseuently the vehicle was impounded after a failed attempt to recovrr the vehicle, I was contacted by the state certified tow yard where I was required to prove ownership, I did so and regained possession litterally yrs go by and im contacted by a person whom I had met months earlier at a local automotive shop Ilforming me of the wherabouts of a motorcycle and trailer that had been abandoned and if I would go retrieve it he wouldhave the owner meet me and I would recieve a reward for the return of the motorcycle and trailer, I agreed to making the transaction it was nearly dark , I picked up the motorcycle and took it to a friends shop a couple blocks away my friend suggested I cover the motorcycle to prevent anynbody from seeing me and assuming I was attempting to steal it so we put a wooden crate over it , and I went homewith the intentions of returning in themorning and taking it to avery public and busyplace so I was returning the motorcycle puplicly I didnt want to pull the trailer with no license plate so I brought mine from home ipicked up the trailer with motorcycle and proceeded to go make the transaction just a couple thousand feet from where I found it abandon and about a thousand feet from where i had left it the night before upon arriving at the busy parking lot to make the transaction I exited my car andwalked about 10 feet away while eating a sandwich out of nowhere a large truck came and plowed into me and my car followed by several more vehicles men all started pointing guns at my head screaming freeze already on the ground from thetruck hitting me I waslaying face down with 3 or4 men stepping on my hands and knees in my back andseveral guns pointed at my headscreaming whats in the crate whats in the cratethey identified themselves as rattif task force I asked what does rattif mean they responded with narcotics officers several of them were yelling still whats in the crate ? I responded with shouodnt I have a lawyer they replied with you dont need a lawyer JOHNNYjust tell us whats in the crate I didnt respond I was charged with 6 felonys later reduced to three one being my car they said they were holding it pending the investigation a few weeks goes by imout on bond and when I inquire about my car and all of my property I was told it was already disposed of and it was determined the contents had no value and theywere also discarded. Shouldn'tthe vehicle and my pproperty be available for my defense ? Am I being denied due process ? The lawyer I have didn't address this at my prelimanary hearing and I was bound over to superior court I also heard or read about probable cause that was not addressed at the preliminary trial either. My attorney is already preparing me to yo to jail with the possible sentence of 16 / 8 / 8 months and I havn't even entered a plea in euperior court yet. I feel his lack of experience is going to have detrimental effects on the outcome of my trial, what can I do to prevent this from becoming a travesty of justice ?
1 Answer from Attorneys
Obtain a copy of your file and consult with an experienced criminal law attorney. Some attorneys give a free half hour consultation. This should give you a better understanding of your options.