Legal Question in Criminal Law in California

Search Warrants and reasonable expectancy of privacy.

Prior to the preliminary divorce hearing w/Ex-Parte restraining order/s in place spouse changes locks and clears out community owned business that spouse had declared to have no want or part of, ''discovers'' supposed stolen piece of tooling. The other spouse having had disputes w/landlord also claims to have found ''stolen'' item in shop. No authority incident report made at site to witness for evidence but an investigation is launched. The accused spouse retains an attorney who communicates clients business itinerary in two weeks for out of state job for their f.y.i. Accused spouse secures house for trip w/pets inside/out (care set-up for animals) for two week absence. Accused spouse now being clear accross country learns the second day into bus, trip that house has been searched and tools taken. No tools on warrants listing were found so police lay out items for victims to I.D. in driveway, they i.d. tools by color of manufactured equipment only. Police also remove many other tools/equip. not on warrant. Accused spouse finds that he now faces 7 felony counts & 100.000.00 bail bond! 87 grand of this is based upon a tool never stolen but missread by police. Accused believes rights and privacy are violated, Thoughts?


Asked on 10/01/05, 4:14 pm

1 Answer from Attorneys
JOSEPH SHEMARIA LAW OFFICES OF JOSEPH SHEMARIA

Re: Search Warrants and reasonable expectancy of privacy.

It is difficult to determine who you are referring to as "spouse." However, I think I understand the situation. First the "accused" spouse should seriously consider finding a new lawyer asap. No competent lawyer would give out his client's itinerary under these circumstances! Indeed a lawyer would have to be severely misguided. What was gained by revealing this confidential info? This is a public online service and I don't need a slander suit, so I will leave it there.

Aside from contributing to the filing of serious felony charges, the high bail amount and possible consideration of the trip as "flight" (later on in the criminal proceedings), no doubt the high bail may have been determined, and may be difficult to reduce, because of the innocent business trip!

Get a savvy criminal defense lawyer, or you are going to have even worse horror stories to post!

Joseph Shemaria, Esq.

www.CriminalDefenseLawyers.com

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Answered on 10/02/05, 7:17 pm


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