Legal Question in Criminal Law in California

but i was exhonorated

in september of last year the swat team from the lakewood sherriffs office raided my home in search of someone who did not even live here. they found a controlled substance belonging to my daughter who was not home at the time satshed somewhere in the house and i was arrested. when i appeared there had been no charges filed, and later, an exhonoration ticket was issured by a judge and i thought the matter cleared up, but recently i recieved a letter from the long beach d.a.'s office saying i must appear in their court on charges of possession of a controlled substance. can they do that after being exhonorated? this is not a new arrest, i have no previous record. i even kicked my daughter out for having drugs in my house, and it was her boyfriend who they wanted in the first place.


Asked on 1/16/07, 5:21 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: but i was exhonorated

Can they re-file? Yes, they did. You now either handle it yourself, or hire counsel to defend you. This time, it is unlikely charges will be dropped, since they are aware of all the facts, and filed anyway. Feel free to contact me if serious about getting representation.

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Answered on 1/16/07, 5:28 pm
Daniel J. Mangan III JuryTrialJustice

Re: but i was exhonorated

Hire counsel ASAP and have them with you when you apppear in Court.

DJM

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Answered on 1/16/07, 5:47 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: but i was exhonorated

The "exoneration" paperwork may have been simply a notice that the case had not yet been filed, and didn't prevent it from being filed in the future. That's what sounds like happened here. However, it may be possible to use the exoneration paperwork in your favor, depending on many factors that need to be developed. Like Terry Nelson and Daniel Mangan, I also agree you need a lawyer to represent you. The best time to have a lawyer is at the first court appearance. If you can't afford to hire a private attorney, a public defender can be appointed to represent you. Depending on many unknown factors, this charge may be easy to resolve, but not enough is known yet to say that with any accuracy. But a lawyer is your first line of defense. If you'd like to speak to me about this matter, don't hesitate to contact me. Good luck. Steve Mandell

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Answered on 1/16/07, 6:22 pm


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