Legal Question in Criminal Law in California
Summary Probation and its consequences
I had the Sherrifs at my house to do a probation check on my boyfriend BF) - he is on a summary probation. He does not live at my house but spends a lot of time here. We have two kids (1 & 4). They wanted to search my house for him and drugs. I told them he doesn't live here they did not believe me. He has no room here or clothes. They came in anyway, found aprx. 1/2 ounce of marijuana and a small black scale with white powder. Now they are going to charge him with these items, not me at all, and try to violate his probation. The stuff was mine but I did not tell them that at the time. How do I make this right and take credit where credit is due? I feel very badly if he has to take credit for it all. It appears that they want him very badly, not me.
Help.
thx
2 Answers from Attorneys
Re: Summary Probation and its consequences
Thanks for your posting, and apologies for the length of time it took for you to get a response.
Being on probation normally means that the police can search any areas or places where he visits or under his control.
If the drugs truly were yours, then you should let the investigating officer, or district attorney, know this fact.
I hope this helps, and if you need legal representation, or have further questions, please feel free to call me anytime, toll free, at 1-877-568-2977, or email my office.
Re: Summary Probation and its consequences
As to you the search was illegal. And as to your boyfriend all that has to be proven is that he doesn't live there. You may even be able to confess to the possession of the drugs on the stand when testifying and not be punished since the evidence was illegally gotten as to you. That would be a small risk but you would probably be divertable under the new law, and your confession without any direct evidence to substantiate your confession probably would have no effect, and the search would still be illegal even with your confession. I admire that you want to help clear your boyfriend. So talk to an attorney or talk to your boyfriend's attorney and level with him/her. Don't lose sight of the fact that your drug use created this problem. It's also possible they'll threaten you with taking your kids away from you for some period of time. However, if they took the kids away from every parent found using drugs there would be very few kids living with their parents. And these kids would be lving with foster parents who are probably using drugs. I suggest you give your kids a break, and quit the drug shit. For them to have to live in a drug environment is unforgiveable. May God have mercy on your soul. And from your expressed desire to right a wrong that you created. I can tell you have some very fine qualities.
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