Legal Question in Criminal Law in California
Fingerprint evidence
OK...Cops find a bag of meth in the garage. There is also an older lady present maybe 3-4 ft away from it. Cops ask older lady if it is hers....she says no. Cops ask owner of residence if it is hers...and she also says no (even though it is). Cops arrest older lady for Poss/sales because they say she was standing near it. Owner of residence, who was home but not in the garage at the time, is questioned, but not arrested. Older lady decides to take it to trial. Afterall, the meth isn't her's and she never handled it. Here's the question...If the older lady is found innocent because her prints were not on the bag, but the owner's prints are found on it...can the D.A. still come back and file chatges on the owner of residence after the older lady's trial is over and she is found innocent?
2 Answers from Attorneys
Re: Fingerprint evidence
Thank you for your posting. Yes, the D.A. can come back and file charges after evidence proving liability of another, at any time, including after the trial of a separate defendant.
Re: Fingerprint evidence
Yup
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