Legal Question in Criminal Law in California

I was recently arrested for possession of a controlled substance in California. It was a very small amount. I was booked and taken to jail. The very next day, before I had a chance to tell my family, the story was posted all over the internet including a banner advertisement on Facebook. My wife and kids found out from their friends and co-workers. This is the very next day! I have not even been convicted of anything yet. This has ruined my reputation and I will probably have to move to get away from it. The police immediately called the press and made me look like I was King of the mexican mafia or something. There was a picture included that showed the police dog in my vehicle and the article was saying how much it is paying off for the K-9 unit. The dog was not even there until I was taken away. I world think that this would be slander. Is this legal for them to do before I have my day in court? And I forgot to mention that this was an illegal search to begin with. I was pulled over for an expired registration. My license was valid and I had proof of insurance. There was no probable cause for a search.


Asked on 9/28/14, 1:34 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Only false statements can be slander. Since you really were arrested, saying so didn't slander you.

If your registration had expired, then the the the police did have probable cause to pull you over. Your license and insurance may indeed be up to date, but that doesn't negate the problems with your registration.

That it was legal to pull you over doesn't mean it was legal to search your car. You haven't provided enough information to say whether that was legal or not.

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Answered on 9/28/14, 2:07 pm
Terry A. Nelson Nelson & Lawless

arrest records are public information.

IF and when you could prove knowingly false statements were made about you, and you can find who did it, you could consider suing, as long as you are willing to invest the time and money to do so.

As to the criminal charges against you, you get to defend them in court with all your facts, evidence, witnesses, etc.

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. I�ve been doing these cases for many years.

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Answered on 10/03/14, 5:46 pm


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