Legal Question in Criminal Law in California

There was a house burglarized 2 years ago, across the street from an ex boyfriend. I never went in the house but somehow there were 2 cigarrette butts with my DNA on them. There was no other evidence found no fingerprints, footprints nothing, nobody saw anything. But I got arrested in front of my wk and got fired because of it. Because I have had a past history of drugs but successfully completed both programs will that affect my outcome even if i am innocent?


Asked on 7/22/10, 3:11 pm

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

Your prior record does not help, as it makes you look guilty to the prosecutor and they use that stuff by smearing you in front of the jury. At one time, you could exclude prior misdemeanors, but California passed on one of those many propositions that threw that out the window.

Also the priors were bad, because that was how law enforcement had your DNA. If the cigarette butts were in the yard, near the sidewalk, and you had legitimate business there, that may help, but if they were inside the house, you have some explaining to do.

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Answered on 7/23/10, 11:07 am


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