Legal Question in Criminal Law in California

You need an attorney. If you cannot afford an attorney, you can ask the court to appoint the public defender.

Your attorney is going to want to find out if there was a warrant, either to search or arrest. That attorney is going to want to evaluate all of the facts, to determine whether the search or arrest was lawful. If it was, then the remedy is not a defense, but rather a motion to suppress evidence as a result of the arrest or search.

Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you through plea bargaining, or take it to trial if appropriate. If serious about doing so, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be. If you can't afford private counsel, you can apply for the Public Defender.