Legal Question in Criminal Law in California

Re: marajuana importation from mexico

It's very difficult to say exactly what defenses are appropriate without looking at what the D.A. is going to look at if charges are filed, or what the judge hearing a motion will be looking at, and that's the complaint and the police report or officer's statements.

For example, one defense that is highly appropriate in these types of cases is a motion for suppression of evidence based upon lack of probable cause. I don't know the reasons the officers gave in the police report for stopping the vehicle, so I don't know what "probable cause" exists in this case. If there is not probable cause, or if the probable cause is not justifiable or articulable, then the evidence is excluded, which may dismiss the entire case.

Otherwise, knowledge is a defense. Knowing the type of people and the likelihood that there WERE drugs in the vehicle doesn't help her. Did she mention this to the police? Did she give a statement?

If you have other questions, or want more information, please feel free to email me directly. Thanks.

Re: marajuana importation from mexico

It is quite common for drug runners to use "mules" or people who are unaware of the presence of the drugs because they do not act nervous at check points. Their thinking is quite simple, if the person does not know that there are drugs in the car they will act natural when stopped.

This is most likely your best defense. You have to hire the right experts to testify to this. Further, a good attorney can dig up the facts that you need from other witnesses to prove that she could not have known about it.

Lastly, the best defense is the client. Is she believable?

There are a variety of other legal motions to be filed all designed for the evidence to be excluded but these motions are unreliable in situations involving the grey area of the law.

Either write me with more facts or call so that I can give you a better answer that is more specific to the facts of this case. You may feel that you wrote enough, but there are many questions I would need answered to give you a quality answer.

Joseph Low