Legal Question in Criminal Law in California

Re: illegal search of my home

You'll need to hire a private lawyer to attempt to suppress whatever they found in the supposedly illegal search, the public defender won't usually do that. The illegal search might also, depending on the facts, give rise to a civil rights lawsuit for which you could recover damages.

By the way, what misdemeanor were you cited for? When is your court date? Please feel free to contact me directly.

Re: illegal search of my home

lets take your questions one at a time. First, yes you can plead not guilty. A person can always plead not guilty to any charge brought against them. Can you have the case dismissed because it is based on hear say? and the search was done illegally? Generally a case will be dismissed by the district attorney if they determine they do not have enough evidence to get a conviction. Your getting the case dismissed solely because the search was based on hear say will not work. If the Police were told by someone who in the past had been a reliable informant for them, and if they articulated enough reasonable suspicion for the initial contact they may have developed probable cause and justified their search that way. It really depends on the circumstances and the facts surrounding the incident and since you have not explained the situation I can not give you any type of accurate information. Hear say evidence does not preclude the Police from making an investigation and developing probable cause to continue with their investigation. Also under certain circumstances hear say evidence will be admitted in trial and can be used to help gain a conviction. I suggest you contact a private attorney and get at the very least a consultation so you can completely explain the situation and the facts surrounding the event before you start thinking about getting a case dismissed. There is no way you will be able to handle the matter without the assistance of an attorney. I suggest you contact a criminal defense attorney as soon as possible in order to start having someone proactively seek the best outcome for you. If you are searching for an attorney, please feel free to contact my office. We handle cases throughout all of California and we have an excellent reputation. If you would prefer an attorney in your local area and you do not know anyone you can contact the local county bar association and ask them for their referral list. Good luck.

Re: illegal search of my home

The police always needs a warrant to search someone's house except in very unusual and limited circumstances. It does indeed look that you fell victim to an illegal search and seizure which should be grounds for having your charges dismissed.

This does not mean the dismissal would be automatic. You need a lawyer to investigate the case and file appropriate motions.

Feel free to contact my office if you are interested in retaining private counsel.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: illegal search of my home

You can try or say anything you like. However, if you don't understand the legal system, and the pleadings and motions necessary to do things in it, then you should hire an attorney that does. Your stated facts would be grounds for an evidence suppression motion and hearing on the 'illegal

search and seizure'. If properly done, and properly supported, it might work. Feel free to contact me if serious about getting legal help. You can go to the arraignment and plead not guilty without counsel, but need to hire someone after that.