Legal Question in Criminal Law in California
If you get pulled over for broken head lights and the arresting officer remembers your for another case that was never charged can they still add that case on me? Even if it has been around five months and I never went to court for it because the officer did not get to serve me or arrest me for it?
3 Answers from Attorneys
Sure they can. Why not? The interests of justice would not be served by requiring the officer to let a suspect in a prior crime go just because he was pulled over for something unrelated. As long as the limitations period on the earlier offense hasn't run yet, you can still be charged with it.
While you can be charged, your lawyer could argue that the delay violated your speedy trial rights. There could be other good defenses that you won't find out about without consulting an attorney.
CAN they arrest and charge you? Of course. They may think they can convict you. Of course you can fight the charges on several grounds. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. 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, 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 use whatever defenses there may be.
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