Legal Question in Criminal Law in California

Criminal law in san jose, santa clara county, california

can a person still be found guilty for under the influence of an illicit substance if the warrant that was obtained to search someone house yield no evidence but that the person who was a sleep when police came was arrested for under the influence of a controlled substance. the felony warrant portion of this case the felony has been dropped for no evidence but the under influence charge is still there and they want the person to take dej which the person feels that they had no right to charge him with that charge since he was in his home asleep. so can they still charge him with that crime or is it null and void since the reason for the warrant obtained turned out to be false and no evidence was found?


Asked on 8/10/08, 9:04 am

1 Answer from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Criminal law in san jose, santa clara county, california

Unfortunately, no, things do not work the way you describe. Just because the reason for the original warrant turned out to be unjustified, it does not necessarily negate discovery by police of any other crime. To put it differently, if the cops were there lawfully - which it seems they were because they had a warrant - and they had probable cause to arrest someone for something completely unrelated, the arrest will most likely stand.

Whether or not there was probable cause to arrest someone who was sleeping for being under influence is another story to which it is impossible to give you an answer based on the facts you provided. It is also possible the grounds and validity of the warrant could be attacked.

Feel free to contact me if you want further information. I do handle criminal cases in Northern California frequently.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Read more
Answered on 8/12/08, 10:47 pm


Related Questions & Answers

More Criminal Law questions and answers in California