Legal Question in Criminal Law in California

can the police stop you, tell you that you did not come to a complete stop as your were exiting a parking area, then after they find out there is a warrant for your arrest, take you to jail and never ticket you for the traffic violation? Or in this case, make assertions that your car llicense plates don't match the car you are driving, take off the license plates and have your car towed because it is illegally parked after he took you into custody?

Won't the policeman need a reason why he stopped someone? And shouldn't there be a charge against the person?


Asked on 8/03/09, 5:16 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You want somebody to tell you he 'shouldn't have' stopped you for a moving violation he claims you committed? Or that to prove his claims he should have cited you for the moving violation too? Those theories and arguments are not going to have any value in dealing with the charges you were arrested on, even if you could convince the judge in an evidence suppression motion that he had no cause for the stop. Deal with 'what is', the charges you were arrested on. If serious about getting counsel for that, feel free to contact me.

Read more
Answered on 8/03/09, 5:45 pm
Brian McGinity McGinity Law Office

Even if the law enforcement officer stopped you without any reason, do you think he or she will admit it? They will not. Police officers are supposed to have a reason to initiate contact with the public but the officer can claim your license plate light was out or something so minimal that it is basically does not matter. That does not mean it is right. However, you are trying to do what attorneys do without enough knowledge or understanding of the law. What you are really saying is you need the assistance of an attorney. I suggest you stop wasting time attempting to do a lawyers job and hire one.

Since you have been vague about the facts of your matter, I can not make any suggestions. However, if you need an attorney and can not afford one then tell the Judge when you make your first appearance and a Public Defender will be appointed. Good Luck

Read more
Answered on 8/03/09, 8:50 pm


Related Questions & Answers

More Criminal Law questions and answers in California