Legal Question in Criminal Law in California

Felony posession of a controlled substance

I was pulled in Irvine on March 20th. They ran my license and found out my license was suspended and my tags were expired by 3 weeks. They were going to let me go but impound my car. The officer then searched my car without asking permission and said he found something under my seat. He never told me what it was, he never showed me what it was. Also he never tested it or weighed it in front of me. I was told by other people if they don't weigh it or test it in front of me I should be able to get the case thrown out. Is this true?


Asked on 4/04/07, 5:57 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Felony posession of a controlled substance

Yeah, right. Dream on, my friend. Your buddies are not exactly legal scholars. I'm amazed by some of the wild assertions we hear about what the 'law' is.

The police conducted a vehicle stop search and took your discovered contraband into evidence. It will be tested and you will be charged in due course. You will be amused at what you will see in the written police report, describing the justification for the stop and search.

Sounds like you are going to be facing prison time if it shows up as drugs/drug Paraphernalia.

If you decide to get counsel to help you, feel free to contact me.

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Answered on 4/04/07, 6:29 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Felony posession of a controlled substance

How much do you think was found. You'd be wise to retain an attorney. The evidence will be admittied if the stop was due to expired tags. Contact me directly. I practice in Orange County.

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Answered on 4/06/07, 5:18 pm


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