Legal Question in Criminal Law in California

unwitting possession/drugs/impounded car/trunk

I was arrested for an outstanding warrant and driving on a suspended liscence; news to me at the time because I had not recieved any paperwork from the court or dmv...

The car I was driving was impounded. The car was searched under what I now know to be an ''inventory search''

In the trunk of the car, a gun, drugs and money was found. The gun is registered to me and was legally there (not loaded etc)...I had placed it there several weeks earlier and did not remember to remove it before driving.

The drugs and money were in a seperate bag, which I didn't know was left there by somebody who had been helping me work on the car. This person has a drug history and police record.

All of this was found in the trunk. I had no drugs/paraphanalia on me nor was I charged with being under the influence.

The car was not registered (had not been for several years) and was midway through extensive repairs which would be required before smog®istering the car.

The gun is mine, the cash+drugs were unknown to me and belong to a mechanic with a drug history...who is now MIA and hasn't been around since or return calls. The gun and cash/drugs were in seperate bags, both in the trunk...only the bag with the gun is mine.


Asked on 9/27/06, 2:39 am

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: unwitting possession/drugs/impounded car/trunk

Gee, nice story, but who is going to believe it?

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Answered on 9/27/06, 2:48 am
Joshua Hale Hale Law Group

Re: unwitting possession/drugs/impounded car/trunk

As the other attorney said, the problem here is that truth does not always over power the appearance of truth. I could talk to you about this, but you are in a difficult position, and it will not be easy to win.

619.298.1969

Joshua D. Hale, Esq.

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Answered on 9/27/06, 10:13 am
Steven Mandell Law Offices of Steven R. Mandell

Re: unwitting possession/drugs/impounded car/trunk

You have many problems with the evidence as seen through your eyes. You need a criminal lawyer to represent you immediately. There may be even more bad news in the police reports (where it is seen through the eyes of the cops). All is not hopeless, however. There are many ways to resolve a case, and many tactics and strategies to get you there. I would be happy to discuss this with you further if you'd like. Feel free to contact me. Steve Mandell

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Answered on 9/27/06, 10:53 am
Terry A. Nelson Nelson & Lawless

Re: unwitting possession/drugs/impounded car/trunk

Get a lawyer, the facts indicate a decent defense, if handled right. Call me if interested.

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Answered on 9/27/06, 12:44 pm


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