Legal Question in Criminal Law in California

Okay, so i live in California and recently experienced being simply being in the wrong place at the wrong time. There was no reason i shouldve been stopped i was walking and the cop stopped me because he stops me everytime he sees me and i was within his sights this day so he stopped me. Apparently the previous night there was about 8-9 car burglaries and the cop knows me from the low income apartments i lived in and he patroled, so he starts yelling at me i know you dont live here why are you here? I told him i lived here about a week and a half previous when he stopped me that i was moving to Temecula Ridge with my girlfriend and her son. But after he said i dont live here i told him that i lived in apt #102 and he said let me search it for stolen property and i refused several times he said he was going to get a search warrant the same old spiel. Then places me in the cop car unhancuffed and continues to question several burglary victims. A few minutes later he opnes the back of the cop car and says prove your innocence let us search i refused several times but then said screw it ask my girlfriend shes on the lease. The cop and his partner walk to my apartment and told my girlfriend i said they could search it. Well i had a back with 3.8 ounces of marijuana trimmings and a black sentry cash box i had and came back to the car placed me in handcuffs took me to the station wrote me a ticket for possession of over an ounce of marijuana and circled misdemenor on the ticket...... Now i know they pretty much played me like a fiddel but werer they in the wrong at all? Basically is there anyway to fight this? I would be so greatful for an answer I just turned 18 in july and my 23 year old girlfriend is 5 months pregnant i cannot afford a drug charge id be in a bad situation the kind of work id be able to find would be pitiful...


Asked on 12/25/10, 12:02 am

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

If neither you nor your girlfriend consented to the search, then it was probably illegal and the resulting evidence should be excluded. Tell your lawyer (get a public defender if you can't afford private counsel) what happened and ask her about moving to exclude the evidence.

Good luck.

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Answered on 12/30/10, 12:16 am
Terry A. Nelson Nelson & Lawless

When arrested and charged with any crime, the proper questions are, can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, arrange bail reduction or O.R., set up and attend the court hearing[s] and trial date[s]. File evidence suppression or other motions as applicable. Raise all the available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for motions, plea-bargaining, or at trial. 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. If you don't know how to do these things, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.

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Answered on 12/30/10, 9:45 am


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