Legal Question in Criminal Law in California

Police Misconduct

I was pulled over about 3am. Sheriff never told me why. I am on probation, with 6 months left. They searched my car, which is register to 2 people. They did not call a female officer to the field, they had me undress my undergarments in the back of their patrol car, then they searched me and gave me a field test. They found marijuana, pipe and glass pipe. Scraped it and claimed possession of controlled substance. I told them it was not mine. They had to take apart my window control to find this. I got bail even though I am on probation. I go to court April 3. The person it belongs to is willing to come forward and claim. I have a good job, my kids back, I am not looking to get in trouble and go away. What can I do to fight this. I cannot afford an attorney if they want payment all up front.


Asked on 3/24/08, 5:49 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Police Misconduct

Let's deal with the charges first: being on probation means you waived your search and seizure rights most likely. Thus, gripes about the search are going to fall on deaf ears. The facts of the stop and search can be argued with the DA and judge as part of a 'deal' discussion to determine what to do on the case.

Second: attorney fees in criminal matters are generally 'up front' as you know. The best you could expect is to get an agreement with private counsel to take enough maybe a couple payments rather than all up front. It won't be a dollar down and a dollar a month for life, but it might be workable for you.

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Answered on 3/24/08, 2:07 pm


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