Legal Question in Criminal Law in California
can i make a citizens arrest on my wife for buying oxycotin from her dealer? i have the last two months of text messages, very detailed. meets with the dealer every other day. in california
2 Answers from Attorneys
If you have text messages and if you are insisting upon an arrest you ought to give the messages to the police. Before you do so I would strongly recommend that you meet with a criminal defense attorney and discuss the possible consequences of an arrest.
Can you? Yes.
Having said that, a word of caution: if you make an arrest for a felony, you have to be sure a felony was in fact committed. Of you're wrong, you expose yourself to liability for false arrest.
Instead, you may want to report this to the police. Before you do, a consultation with a good local criminal defense attorney may be a good idea. Why? Because there are laws in place regarding privacy and you need to make sure you wouldn't be admitting to a crime by telling them how you gathered evidence.
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