Legal Question in Criminal Law in California
I need to know if the police can search my van with a hobs warrent. I was getting gas when the police came up and moved my van to parking lot. plsce me in their car and took me to my house. they search the house then took me back to the van where they search my van. the warrent did not have any names or address on it. or my van on it was it ok for them to search my car when my car was not at my house? It was dated for the 10th and the police came out on the 16th was this ok for them to do.
2 Answers from Attorneys
It is going to depend on the terms of the warrant, the affidavit to get the warrant and how specific the warrant is. Also you do not specify whether any contraband was found, so it is not clear whether you need to file a motion to traverse the warrant, a motion to suppress, or are just engaged in an academic and technical discussion of a warrant.
"IF"? They already DID.
Now, the proper questions are: can any evidence obtained in a search be used against you, and can you be convicted, and what can you do?
Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, plea-bargaining, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. 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. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, 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, and if this is in SoCal courts, 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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