Legal Question in Criminal Law in California

false arrest

I was arrested and charged with 11550 I have never been arrested or charged with any thing having to relate to drugs I have a clean record. I was asked to submit to urine test which I did according to arresting officer test came back inconclusive asked me if I would submit to blood test after being more than willing to take test officer comes back five minutes later and says we are not going that route and tells me to sign citation for 11550 or go to county jail so not wanting to go to county jail i signed the citation i did not want to leave it unresolved so

upon my release approximately one and a half hours later I went straight to the local hospital and requested blood and urine drug test which come back clean my question is can I use test in court


Asked on 10/15/06, 9:11 pm

4 Answers from Attorneys
Jay Leiderman Leiderman Devine LLP

Re: false arrest

Yes, you can use the test, if not in court, to negotiate with the DA. I am local (Ventura) and would be happy to discuss your case with you. 805.648.5730.

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Answered on 10/15/06, 9:28 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: false arrest

The evidence should be admissible if you present it properly -- which is not as straightforward as you might think. You should get a lawyer to represent you in order to maximize your chances.

Keep in mind that a variety of factors (the passage of time, the specific drug at issue, medications you may have been taking, etc.) could make the test result less persuasive than you expect it to be. An attorney will be able to deal with such issues much better than you could on your own.

Good luck.

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Answered on 10/15/06, 9:31 pm
Law Office Law Office Law Office

Re: false arrest

Yes you should be able to use it in court. I would advise you to hire a lawyer. Our law office is very skilled in this area of law and we would be glad to represent you in this matter. Contact us today at 760.243.5121.

Thanks and God Bless

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Answered on 10/15/06, 9:34 pm
Daniel J. Mangan III JuryTrialJustice

Re: false arrest

Well done, but the admissibility at trial of the hospital test results is an issue for counsel to handle, however it should go far in negotiating the case pre-trial...also an item fo rcounsel to handle.

DJM

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Answered on 10/15/06, 10:28 pm


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