Legal Question in Criminal Law in California

On December 30, 2009 I had two doctor's appointments. One for my son, who is disabled. His was in the afternoon and then I had one for me which was in the evening (I went to the doctor because I was not feeling well and because I had fallen down the stairs and felt my foot crack.) The doctor found I had wheezing and my foot was not broken, but sore and painful from the fall) My son and spouse were with me all day while we went to the doctors and ran errands (All times parking in the disabled because he had a valid disabled placard). When I came out of my doctor's appointment in the evening we went to Walgreens (parked in the disabled) to take our prescriptions. They told us it would take a while so we decided to wait. The weather was really cold and foggy so in order for my disabled son not to get more sick than he was (he had a lung infection and wheezing) we took him across the street(my home which is literally across the street from Walgreens) so my mother could take care of him while we waited for the prescriptions. My spouse and I went into Walgreens, got the prescriptions, came out, my spouse got in the driver seat and I got in the passenger seat. He turned on the car, but before we could leave he got a tap on his window. It was an officer who asked him, "Who does that placard belong to." My spouse told him it belonged to my son. The detective asked if he was with us, (We said he was across the street) and he went back to his car with the placard. We got out of the car to wait for him, and he came back asking who had driven to Walgreens. We told him I had and I explained to him where my son was and why he wasn�t with us at that time. I also told him that we had been with him all day and parked in the handicap all day, and he had just been taken across the street so he wouldn�t get more sick than he was. After we told him the story 5 times he repeatedly kept asking who drove the car. We kept telling him I did and our story never changed. He told me "I think your lying." We again told him that we did go to the doctors and even showed him my son's and my prescriptions. Again he said he thought we were lying, asked who had driven the car again, when we said I had, he pulled me by the shirt and arrested me (I was complying with him in everything he said and I was being polite). I tried to explain to him again and told him I was a full time student, and I had to go home to give my son his medications and that I had a clean record. I asked him if he was really going to arrest me and he said and he put me in his car. He arrested me anyways, said that he did not respect me for lying, said that we had parked there so that we would not have to park far away (there was an open space next to the handicapped that was not a handicap parking) and that I was lazy to walk. This was late at night like 9pm or so and there was many open close parking spaces. He started taking pictures of the car, called for it to be towed away when I had someone to take it home, and in the trunk there was a closed beer can that was under a blanket (it had fallen from a 12 pack) and he took it out put it in front of the blanket and took a picture. He also gave me another parking ticket that I have been trying to fight with the city and they wont let it go (its $350 for obstructing the space). when we were taking off to the police station he did not put my seat belt on and drove off really fast, I had to hold myself really tight. He read me my Miranda rights when I was in the police department, not when I got arrested, and he asked me if I wanted to tell him what happened again. I told him I would talk, because my story was still the same, but then I changed my mind and said no because I had to go home and give my son his medications and I was feeling sick. The only thing he got on camera was when he asked me if I drove there and I said yes. He got mad and tried to ask me more questions (like what was the relationship of the guy that was with me to me). I asked him if he was going to give me a ticket and when he said yes I told him to give me the ticket and send me home so that I could give my son his medications. He told me that I had given him the placard (I did not hand it to him my spouse did) and I told him �the good thing is that I did not hand it to you.� He looked at me smirked and said well you'll have a nice surprise in the car. I gave you another ticket for 350 dollars and laughed. I stood quiet and said its ok. My spouse and sister came to pick me up and he left me in a room cuffed. I did not want to talk to him so he went to my spouse, took him into a room there at the police station, and got a statement out of him( he talked again because he was scared he was going to be arrested). After I would not give him a statement he left me in the room so I would not hear that he was asking my spouse questions. He towed my car and arrested me and gave me a parking ticket and one for me to appear in court for a misdemeanor charge. 4463 (c) cvc false display of disabled person placard.. The date to appear was March 18. I went to court and the counter person told me there was no ticket in the system for me. The clerk called the DA�s office and they said they didn�t file because of lack of evidence. They filed now which is May 5 and its a misdemeanor complaint and a notice to appear. It says criminal charges have been filed against me and I have a date for June 10 to appear. My count says I committed a violation of VC section 4461 subdivision c, a misdemeanor in that on or about Dec. 30 in the county of Riverside, Sate of California she did willfully and unlawfully displayed a disabled placard that was not issued to her and that had been canceled or revoked pursuant to section 22511.6 and was not transporting disabled person as specified in subdivision b. My child's placard was valid at the time of my arrest. I even went to the DMV a month after they took the placard away, explained the situation, and they gave me a new one because the officer kept my first one as evidence according to him. In the court records (on the riverside county superior court website) it says under Arrest Charges VC 4463(c)False/Evid/Regis/Avoid/Fees. I never showed him no false registration or anything false. He is lying. all he asked for was the placard my spouse handed him (It was in the officers plain view) and he put me in the cop car. He never asked for me to hand him anything else. Under Filed Charges it says VC 4461(c) unlawful disply of handicap pla. What can I do please help. I am a full time student graduating in June with my bachelors in criminal justice paralegal options and after I am going to law school. I have 2 kids of which one is disabled, and I do not want this to be put on my record. This is ruining my life, if you can please help!! I am not sure what to expect or what to do. If you need my email its [email protected]


Asked on 6/03/10, 8:52 am

1 Answer from Attorneys

Brian McGinity McGinity Law Office

This is not the proper forum to address the incident. You have provided quite a bit of information specific to your matter. What you are really looking for is a legal opinion regarding your situation. Unfortunately, this is a web site that is open to the public and as such there is no attorney client relationship established and no attorney client privilege associated with the exchange of information. However any attorney that spends the time to give you a full answer to your situation is placing themselves in jeopardy. Therefore I suggest you either call your local county bar association and ask for some names of criminal defense attorneys in your area or start searching for an attorney who will give you an initial consultation for little or no charge. Your zip code indicates Southern California and there are a lot of attorneys that will give you some initial assistance or at least an opinion for a very small charge, if anything.

Good luck,

Brian D. McGinity

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Answered on 6/04/10, 5:05 pm


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