Legal Question in Criminal Law in California
Is there a good chance my husbands case can be dismissed? He's charged w cultivation, sales, & stealing power, although he was arrested while driving by his friends home that had this going on. He wasn't is the driveway or anything, he was literally driving by. Apparently the cops got a tip from the smell & knocked on our friends door by someone telling them they had hit there car & upon opening the door the cops rushed in and arrested 2 people in the house & then searched the house. My husband was arrested after this took place & driving by but the police never had a search warrant to begin with
2 Answers from Attorneys
As a Former Deputy District Attorney, with over 27 years of experience, handling cases like your husband's, I can tell you that you need to get your husband a good attorney. If he only has a public defender, you will not like the kind of "representation" that he gets. Many LawGuru attorneys offer free consultations, so I would call one and go over all the facts, and get some well needed feedback.....David Wallin
There is never a 'good chance' of dismissal. It might sometimes happen, but not often. On what legal grounds and admissible evidence would he base his Motion that the case should be dismissed, or the evidence suppressed, over the objection of the police and prosecutors, who have each determined they think they can convict, after review of the evidence they have available? When he can answer that question, he will have a 'defense' to raise, and that will be the job of his attorney as part of the trial proceedings.
When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available.
If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will defend you, try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.
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