Legal Question in Criminal Law in California
a few weeks ago i was pulled over by a police officer, he began to search he pulled out a phone and my wallet which had about $3000 cash, then he hand cuffed me then asked if i was on parole, i answered him that i was on unrevokable parole. he began searching my car and found a small amount of marijuana , then he placed me in the back of the patrol car, then search the rest of the car and found nothing else. about 30 min passed then he took me out of the car and removed the handcuffs and let me go free, he told me to bring proof or receipt to show how i got that money , then he took off, he never gave me a ticket, citation or a reason why he initially pulled me over and didnt impound my vehicle for driving without a license. 3 months later the D.A files and i was not notafied so i missed the court date and a felony warrant was issued and i was arrested while getting out my car for possesion of marijuana for sale, sale of marijuana and 2 prison priors, my public defender is filing a motion to suppress, is their any way to get this dismissed and get my money back?
3 Answers from Attorneys
Search issues are always fact specific, but the starting point for any car search is going to be the resin (and validity of) the original car stop. If the stop is bad, all the evidence is out. If the stop was good, but the search was bad, the evidence is out.
Regarding the money and the sales charge: they have to prove intent to sell. All you mentioned in your question was that they found a small amount. Doesn't sound like enough to me without more.
If they want to take your money, either they're going to say it's evidence and prove it or they have to proceed on an asset forfeiture case and prove the money is from illegal activity.
The specifics in your case will matter and are something for your attorney to review in detail.
These are questions to ask your attorney, who knows the facts and evidence. No one here does.
CAN the case end up being reduced or dropped? Of course. Is that likely, just because you want it? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them. That's not how the system works, obviously. IF there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to defend the charges and keep the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts. You have no legal arguments against the 'search', as your parole is a waiver of 4th Amendment rights.
The reasons for the stop are not going to be important if you have search terms as a condition of your parole. Your public defender needs to analyze that angle first.
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