Legal Question in Criminal Law in California

False accusation...

I was pulled over in Brentwood (northern CA.) for expired tags. After giving the officer my license,paid registration slip and proof of insurance he went back to his car. After approx. 10 minutes, he returned and asked me to step out of my vehicle. Another patrolman arrived with a video camera and proceeded to video tape the arresting officers search of my vehicle. They recovered a pipe and a 1/4 gram of meth. I was read my rights and transported to the Martinez jail. Where I was booked. I was bailed out 14 hours later. I went to my appointed court date, however the DA hadn't filed charges yet. Last week I recieved a letter from Superior Court stating I was charged with H&S 11377(a), H&S 11364 and CVC 23152(c). How can they charge me with this last offense? No one, NOT at any time was I asked to submit to a drug test. Not at the scene, or at in-take in Martinez. Will it be my word against the officer(s)? If, so what rights do I have? This is my first drug offense.


Asked on 7/28/08, 4:50 pm

2 Answers from Attorneys
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: False accusation...

You have the right to a lawyer to fight the charges against you. If you cannot afford private counsel, a public defender will be appointed for you. As far as your rights go, this pretty much sums it up.

They are trying to convict you of a DUI as a person who is addicted to the use of any drug. Technically, you could be convicted under this section without any test or evidence of impairment at the time of driving. The prosecution would need proof that you are an addict.

Also, the circumstances of your stop and arrest are potentially suspect, I would agree. Main point - get a lawyer or have one appointed for you. It is impossible to advise you without knowing all facts including the fairy tales that might be in your police report. Perhaps you could beat your case on illegal search and seizure. (This defense would not work if you are on any kind of probation).

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/28/08, 11:10 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: False accusation...

The attorney you retain will be able to address these issues. Your story suggests they had other reasons to stop you besides the expired tags (e.g. you were overheard on a wiretap).

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Answered on 7/28/08, 5:32 pm


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