Legal Question in Criminal Law in California
felony drug warrant
how can a warrant be issued for my arrest when i was never given a citation or detained the day we were pulled over?the drugs were dound on my boyfriend and in his vehicle and he was arrested. i was let go with no citation. he pled no contest to all charges and was given probation and a drug program.
and as of august 22nd, sutter county, CA issed a warrant for my arrest for his charges..
hows that possible?
and is there anything i can file on my behalf to stop this from happening?
2 Answers from Attorneys
Re: felony drug warrant
Unfortunately, the police need to give no warning or notice if they are going to issue an arrest warrant. Sounds crazy but this is how it is done.
About the only and the best thing you can do is to get yourself a good lawyer to fight the charges in court.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
Re: felony drug warrant
Prosecutors are allowed to file charges and obtain warrants even where the police decide not to make an arrest or issue a citation. They are not bound by decisions police officers make in the field. What's more, they often file charges where there has been no police involvement at all. Prosecutors get information from many sources and are not required to act only on what police tell them. Additionally, police often get more information after an encounter like yours as they conduct their investigation. There is no reason to bar prosecutors from using that information unless it was obtained illegally.
It is possible for more than one person to be in possession of the same items at the same time. The fact that the drugs were on your boyfriend's person is strong evidence that he possessed them, but that does not mean you didn't. The fact that they were in his car also sheds little light on the subject, especially since you were there, too.
You need a lawyer. Get one right away.
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