Legal Question in Criminal Law in California

Re: Can this actually be pulled off?

Thank you very much for your email posting to my office and your inquiry.

I can only echo the opinions you're received so far -- to be effective, any attorney has to see the charges, and what the evidence was that supported the search and arrest warrant, AND the police report drafted and sent to the DA that instituted charges against you.

Obviously, from what you've stated, there is some link between your name and other information, and some use of your name. One defense is to show factual innocence, impossibility, or that it was not possible for you to be present on the dates the witnesses state you were there ... i.e., an "alibi" defense. Another defense may be to fight the credibility of the witnesses -- six pack identifications are incredibly unreliable if done improperly, so the method of suggestion is VERY important in a case like yours. Another defense may be to challenge probable cause, and then bring a motion to suppress evidence, pursuant to Penal Code section 1585, or bring motions to challenge the indictment based upon insufficiency of the evidence, etc. Only by going through the supporting documents line by line, and leaving no stone unturned, can any attorney, including myself, give you a fully informed, meaningful answer.

I hope that this information helps you, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist in any way that I can.

Re: Can this actually be pulled off?

The only honest answer is that 'it depends' on all the facts available. You are facing substantial penalties on a charge that is currently a 'hot button' issue. You and your attorney are going to have to spend time and effort researching the accusations, procedures, facts, witnesses, possible video tapes from storage, etc. The only thing any attorney can guaranty is to do a thorough job for you. Contact me if you are interested in having me help you.

Re: Can this actually be pulled off?

You need to hire a lawyer immediately, since the D.A. clearly believes the manager and not you. I'm not sure how you could be charged with identity theft for putting your own name on a locker, but then I haven't seen the charging documents.

Figuring out what kind of arguments to make will require a much more detailed analysis of the facts than is possible here. Go consult with a criminal defense lawyer in your area, or get a public defender if you can't afford to hire someone yourself.

Re: Can this actually be pulled off?

I've read Ed Hoffman's response and he's absolutely right. It's too soon to start planning your defense. First you have to know EXACTLY what the charges are and what the evidence is against you. It is obvious by the fact that charges were filed at all (and the warrant issued) that the cops and the DA believe there is enough evidence to file the charges against you. But that is not the end of the story. Your defense may incorporate many things not known to the prosecution in a way that will explain or justify your alleged "involvement" in this thing. The process is a complex one, which unfolds over time, and results in a theme which is then disclosed to the prosecutor and/or the court when and if it is in your interests to do so. It is way too early to be dealing with many of these issues, but not too early at all to start dealing with other issues which come up at the earliest stages of the prosecution. However, each case is fact-specific, and not all tactics apply to every case. So it is absolutely important to consult with a criminal lawyer who has experience with this kind of case. Your zip code indicates that you live in LA, and I'd be happy to meet with you to discuss your case more fully. There is no charge for the consultation. If you'd like to do that, don't hesitate to call me at 310 393 0639. Good luck.