Legal Question in Criminal Law in California

stolen vehicle stop and posession charge BUT

The DA decided to up the charge to sales and distribution of cocaine.No paraphenelia or scales/bags were found. 1/2 an oz of coke was. The police stopped me at gun point when I left the vehicle because the rental car I was using was reported stolen by Hertz. I was charged with embezzlement-less serious than grand theft auto, cuz I PAID FOR EVERY DAY I USED IT. Hertz AUTOMATICALLY DEBITED MY CHECKING ACCOUNT EVERY FEW WEEKS FOR THE FULL DAILY RATE. I kept it longer than scheduled but I thought it was fine as long as I am paying for the car. When police received the stolen vehicle report and tracked me down they searched me and found the cocaine. I had the cocaine because I was returning my friend's purse she left in my car after we went to a club that night. (She was celebrating passing the bar) She was drunk, we got separated, she left with another friend. I forgot about her purse until she frantically called me and asked me to return it to her. I agreed, not knowing the contents. I arrived to where she was staying and that is when I was stopped at gun point and arrested and searched. I don't do cocaine. I even requested to be drug tested at the station. Can I really get a more serious charge after my arrest date? What can I do?


Asked on 6/26/08, 12:05 pm

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: stolen vehicle stop and posession charge BUT

What a story, eh? Here is the practical answer. There was nothing illegal about the search of the rent-a-car, since you used poor judgment in not obtaining a rental extension from Hertz, Hertz was within its rights in reporting the vehicle as stolen, and the police had probable cause to arrest you for Grand Theft Auto. Now be a stand-up individual and take the rap for the blow.

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Answered on 6/26/08, 1:09 pm
Terry A. Nelson Nelson & Lawless

Re: stolen vehicle stop and posession charge BUT

Hire an attorney if you don't know how to practice criminal law effectively. IF you have defenses and grounds for motions to suppress, your attorney can use them properly. Feel free to contact me if serious about hiring counsel to do so. If you have no money, apply for the public defender.

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Answered on 6/26/08, 4:04 pm


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