Legal Question in Criminal Law in California

Validity of the informant's statement

Dear Sir,

Cops recently arrested me from my home and charged me for the 3 counts, (1)Possession of drug for sale (2)Child endangerment and (3)Probation Violation.

They have put a hold on my bail, and are planning to give me 6 years in prison.

-Eventhough, they did not find any drug on me or in my home

-they did not find any supposedly marked money

Please be noted, I do have a history of the same charges from the back in 1998. I did my jail time, I finished my parole time, I have been out of trouble all this time except once, 3 years ago, when my girl friend had drug in my car, but since I was in probation, they arrested me for the posession. And even for this one, I completed Prop 36, paid my restituion and was just about to finish in 2 weeks.

So just because I have a regretful past, can they charge me for the same counts of crime?

The only thing they have against me is the statement given by one of their paid informant saying that I sold him drug.

Is his sole statement enough to put me behind the bars for six years...? Do I have any hope?

Does the justice still prevail in this country?

Thank you.


Asked on 11/30/06, 1:06 pm

1 Answer from Attorneys
Daniel J. Mangan III JuryTrialJustice

Re: Validity of the informant's statement

If, as I assume, you were on Prop 36 Felony probation, and just as it was to expire, a paid informant told poice you sold them drugs,

(controled buy???) and later the police arrested you in the home, and the ONLY proceedings now is a probation violation? no new case? Assuming that, then the original charges are what you are now pending a violation for?

You have to obtain Counsel instantly...probation hearings operate under a more "lax" set of procedural and evidentiary rules and only experieinced Counsel can do the proper defense at a violation hearing...you have the rights to present a defense, to testify/or not, to subpoena witness, cross examine the DA witnesses, review your probation file, subpoena records, etc...precisely what you will need is to fact specific to indicate here, obtain experienced counsel.

Good Luck

DJM

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Answered on 11/30/06, 1:21 pm


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