Legal Question in Criminal Law in California

I was driving my girlfriend to work it was about 7 am .as im pulling in to her works parking lot i see a sheriffs deputy sitting in his car i i pull in without breaking any law i park he pulls behind me gives me no reason why he pulled me over.he takes me out of the car i had about 15 dollars worth of meth in my back pocket. so he decides to charge me with possession of a controlled substance,and transporting.ill take the possession charge but what do you think about the transporting charge


Asked on 10/04/09, 11:37 am

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Don't be too quick to just "take" the possession charge.

If there truly was no legal reason for them to contact you and you were detained without 'reasonable suspicion," then the stop and search are bad and the evidence should be thrown out, leaving you with no charges.

Consult an attorney in your area to discuss this completely, but from the limited information you posted, you have a decent argument to suppress the evidence.

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Answered on 10/04/09, 2:56 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with Mr. Dane. Get a lawyer and do what you can to have the evidence suppressed.

But assuming for the moment that the police had reasonable suspicion, then I'd say the transportation charge is about as solid as the one for possession. You had the meth while you were driving, which is essentially all the prosecutor would have to prove.

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Answered on 10/04/09, 4:14 pm
Terry A. Nelson Nelson & Lawless

You can complain about the situation, or you can do something about it. You're facing charges count with potential for a year or more in jail or prison if convicted. The only advice that is worth anything is for you to get legal counsel who knows how and what to do to best represent you, using whatever credible facts and evidence you may have for motions and defenses at trial, if necessary. Most cases are 'plea bargained' to avoid the risk of loss at trial and mandatory sentencing upon conviction.. The attorney's job is to get a good 'deal' you can live with. If serious about doing this right, feel free to contact me.

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Answered on 10/05/09, 3:22 pm


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