Legal Question in Criminal Law in California
Valid arrest for charges
I was arrested with three other people in december for sales of meth based on the statements of a confidential informant. I have never been arrested before and I was not named on the search warrant. Can I get this kicked out?
2 Answers from Attorneys
Not enough information to tell
It is not possible to give you any meaningful answer based upon the info in your question. Simply because (1) a confidential informant was involved or (2) you weren't named in the search warrant or (3) because you have a clean record, is not a basis for "kicking" a case. 1. "CI's" are often used in narcotics prosecutions. If the CI is the witness who implicates you in the crime, then the prosecution will have to produce him at trial. Or, if the CI reasonably has information that could exculpate you, then you have the basis for a motion for production of the CI's identity and can compel his appearance in court. 2. Not being named in the SW is not meaningful, SW's are means for gathering new evidence. If a search yields information about persons not named in the warrant or affidavit, the prosecution may still use that information. 3. Your clean record would make a difference if this was merely a Possession charge. In that case, you would be eligible for drug diversion, a device for first time drug offenders to go to a program and ultimately earn a dismissal. But Sales of Meth is a serious offense and drug diversion is not available to you. It would only be available if the prosecution was willing to reduce the Sales charge down to Possession.
Your Question Lacks Sufficient Detail
Any lawyer will need more facts to attempt toadvise you. Not being named on the warrantitself does not determine the point.
Get some legal advice promptly. Good Luck
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