Legal Question in Criminal Law in California
When a police officer makes out a arrest report does he have to write down everything that went on. I was arrested for 11550 and the arresting officer reported only why he pulled me over on bike, and the basic symptons i showed for it. Which was a lie. I had used a couple of days before. which is true. But he failed to mention everything else that went on during that arrest. He left out alot of things. that i think should be brought up.And also in his report he said that i admited to using, but i also asked to speak to a lawyer before that and right when i was arrested. He also said my eyes were dialated in the police report, but at the police staition he told me my pupils were pulsing i want to say when he put the light to them. Also when i took the urine test i looked under the cap and iit looked to me as if there was powdery substants on the bottom of the cap, but i didnt think of it at the time. Is any of this possible for me to get the da to drop the charges based on his actions. Im willing to take it to trial also. thanks for your time.
3 Answers from Attorneys
A police report does not have to include every detail of what happened. You can't get the case dismissed on the ground that you wish the report was more thorough.
You seem to believe the officer committed a Miranda violation. Maybe he did. You haven't provided enough information to say one way or the other. But assuming you were in custody when you asked for a lawyer, statements you voluntarily made afterward can still be used against you. So if you admitted you had used drugs recently without being asked, Miranda probably won't help you.
You need a lawyer ASAP.
Good luck.
While police officers do not have to include all of the details in a report. A good police officer will include the details because they know that they will be cross examined about what they leave out at trial.
Furthermore, police officers do not always tell the truth. They know that at trial a jury is more likely to believe the officer than the defendant.
If you believe that the urine sample has been tampered with, you may ask your attorney to have it retested.
Depending upon what drug you used and your tolerance level, a drug may show up in your urine a couple of days after you used it.
If you don't have a lawyer you need to get one immediately and discuss the issues with your lawyer. Regardless of whether you requested a lawyer during the interrogation and regardless of whether you were given your Miranda rights it is always best to refuse to answer questions from a police officer. You have an absolute right to remain silent and you should use it.
You need to get an attorney, rather than fishing around on the internet trying to get ideas to defend yourself. You've already admitted in a public forum that you used, which is an admission that you may have been under the influence.
Law school is 3 years long. You can't teach yourself what you need to know before trial rolls around on a criminal matter. A lawyer is going to be able to spot important legal issues and defenses long before you will.
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