Legal Question in Criminal Law in California
i am being prosecuted in a case where a search warrant was excecuted 13 days after it was signed by a judge, as i was walking through court house doors for a pre trial hearing, i was detained and driven 30 miles away to my home where a search warrant was being excecuted. items to be searched were guns and ammunition. no guns or drugs were found, no animal violations, but the sheriffs found 4 magic bullets that neither i or my wife can account for. the probable cause as relayed to me by sheriffs, was something said on a message board 4-5 months before the warrant was served. what do i do? i had a lawyer, but through re arraignment, i had to pay another retainer fee, and have not the means to do so. i am being charged with brandishing a firearm, though no gun has been found on me, in my home or car.a colt 357 was found in my boss safe at a tattoo shop i work at, and 2 ruger mini 30 were found in a locked case in the shops locked closet. i live in kern county cal.
i am being prosecuted in a case where a search warrant was excecuted 13 days after it was signed by a judge, as i was walking through court house doors for a pre trial hearing, i was detained and driven 30 miles away to my home where a search warrant was being excecuted. items to be searched were guns and ammunition. no guns or drugs were found, no animal violations, but the sheriffs found 4 magic bullets that neither i or my wife can account for. the probable cause as relayed to me by sheriffs, was something said on a message board 4-5 months before the warrant was served. what do i do? i had a lawyer, but through re arraignment, i had to pay another retainer fee, and have not the means to do so. i am being charged with brandishing a firearm, though no gun has been found on me, in my home or car.a colt 357 was found in my boss safe at a tattoo shop i work at, and 2 ruger mini 30 were found in a locked case in the shops locked closet. i live in kern county cal. i was being represented by kyle humphrey in bakersfield. on my record, i have a simple assault with no injury conviction 10 years ago and possession of a firearm in city limits 7 years ago. i need to know if stale probable cause applies, i need to know if the 5 year wash out rule is applicable. also, the public defender who defended me in the 2001 assault case is now the da, and proceeded against me, noting the 2001 conviction. his statements are in court transcripts and minutes. what action do i have?
1 Answer from Attorneys
I am sorry you have all these troubles. If it is really true that your former public defender is now prosecuting you, would you please write a letter to the State Bar of California. Their address is at calbar.ca.gov .
Related Questions & Answers
-
I lifted a stolen dirtbike into a truck because i was scared i was 16 at the time... Asked 9/08/10, 12:15 am in United States California Criminal Law
-
Im 19 located in lakewood, california. Just got my first time marijuana possession... Asked 9/07/10, 11:18 pm in United States California Criminal Law