Legal Question in Criminal Law in California

I just found out i have a bench warrant for $100,000 in san fernando and the only reasn i found out is because i went to pay a ticket to downey court and the clerk advised me of it. I was arrested in april for possesion of marijuana or hash im not sure i was never given the paper that tells me my charges. i had less than a gram of hash and weed, i was not smoking or under the influence i had my doctors recommendation on me the sheriffs took copys of it. i was released 2 days later i asked the lady if i needed to go to court and she said no the charges were dropped. I never received anything in the mail saying i needed to go to court. the date i was suppose to go was in may and we are now in october. I dont understand why they arrested me either, they were sheriffs and they were assholes to me they didnt even read me my rights. I asked them if i could tell my girlfriend something before they took me away and when i tried to tell her to call my mom and get a lawyer they put the window up.

Should i get a lawyer? or would a public defender be able to get the case dismissed?


Asked on 10/17/10, 2:03 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

You posted this question several days ago. You need an attorney. If you cannot afford an attorney, you will need to ask the court to appoint a public defender to represent you.

The arresting officers do not need to read you your Miranda rights and warnings when they arrest you. Miranda warnings are required prior to custodial interrogation. If you were arrested, and gave statements voluntarily during the arrest, that was stupid of you. At best, the failure of the police or sherif'f's deputies to give the Miranda warnings would cause any statements obtained to be excluded if your attorney filed a motion to supress. It does not give you a get out of jail free card, or invalidate your arrest, or the charges.

An attorney cannot make any predictions about your case, because it would only involve speculation. None of the lawyers that are members of Lawguru's site have reviewed your case, or attended a preliminary hearing, and we would know nothing of the full extent of the charges, or the amount and nature of the evidence against you.

I again strongly advise you to speak to an attorney.

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Answered on 10/22/10, 3:17 pm


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