Legal Question in Criminal Law in California
if my probation was terminated before completing a DEJ pc1000 does the police have a right to search me. they were called to my house for a civil disturbance by the time they arrived the caller was already at home and i was calm about to sleep. so there should have been no reason to search me for drugs for which i'm now charged right?
3 Answers from Attorneys
It depends whether they had probable cause to believe you were committing a crime. Here, they probably did have probable cause if they were called to the scene based on a disturbance.
That doesn't make any sense. Your probation lasts for as long as the DEJ is in place. It doesn't terminate before.
If your probation was actually ended, and if your search and seizure waiver period was ended, then you would have grounds for a search and seizure motion to dismiss in court. Your statement of facts is contradictory. The point really is that you face criminal charges, and no opinion here is of any actual value to you. Hire an attorney.
If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
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