Legal Question in Criminal Law in California

Re: Fasle arrest

Gee. A cop lied! Fancy that. Now you are facing criminal charges, and you have a court date. What are you going to do about it?

Re: Fasle arrest

OK. You can raise whatever evidence you have as a defense in court, and try to prove your allegations; if you have any grounds for supression motions, they can be made. You won't get far without counsel to handle your case correctly. If this is in SoCAL and you're serious about getting counsel, feel free to contact me.

Re: Fasle arrest

What is your question? you provided some general information and then stated your conclusion as to the search the officer did, but you did not ask a question. I am going to assume you feel your treatment was wrong and unconstitutional. I am also going to assume you want some general information regarding the event you described. First, you have been charged with a crime and the best way for you to proceed is with an attorney. Next, you stated you were held for 50 minutes in the patrol car. Had the officer placed you under arrest? do you know if the officer placed you under arrest? Generally an officer can detain someone for around 15 to 20 minutes to investigate his reasonable suspicion and see if it develops into probable cause. There is a search referred to as a "Terry search incident to arrest" This type of search if warranted under the circumstances does give the officer the ability to conduct a search. However, there are limitations and it only applies under certain circumstances. Since you did not provide any further information as to what happened or what the outcome was as a result of your encounter with the officer it is impossible to guess as to if the officer's search was justified or not or if there is anything for him to claim in order to justified it. The time you were held seems a little long, but under some circumstances the officer may be able to justify the time he took. You really need to talk with an attorney. I would suggest you spend the money for an hour long consultation with a criminal defense attorney. You may even find some that will not charge you for the first half hour or hour. If you need help finding an attorney in your area, contact your local county bar association and ask for their referral list or a referral to a criminal defense attorney. Do not waste time trying to figure this out on your own you will not be able to. Consult with an attorney as soon as you can. Good luck

Re: Fasle arrest

The main thing you need to worry about are charges filed against you. While reckless driving is not necessarily the worst offense in the world it is nonetheless a misdemeanor which can result in 2 DMV points against your driver's license and increase in your insurance premiums, among other things like court fines. You should do all you can to fight the charges by retaining a good lawyer.

The misconduct on the part of the officer and the possible illegality of the search of your car could be powerful weapons your lawyer could use to defend and dismiss your case.

Feel free to contact me if you desire additional consultation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com