Legal Question in Criminal Law in California

How to withdraw my statement in court?

Today, 15 minutes after school, a school security noticed my friend that I was standing near giving another person money. The security thought this was a drug deal and decided to take both of us into office to get searched. My other friend had nothing on him but I had 5 marijuana rice crispy treats in a brown paper bag. I had not one dollar on me and nothing else related to selling these treats. The security scared me pretty much into thinking I was selling them. I denied it at first but he kept going on that I was selling them. I honestly did NOT have an intention to sell, I got them for me and a few friends. If they were going to kick me down a few bucks then yeah I'm not going to refuse it. After he asked me to write a statement and told me to include how I made them, when I made them, and how much I was selling them for. If a school security asks you to write a statement you aren't going to refuse (Well at least I wouldn't but now realized I should of) I did what he said thinking I would get less of a penalty if I cooperated (which is not true). I have signed this paper and the police and the school both have copy's of it. After, they sat me in the car, read me my rights, and asked if I wrote the statement and I answered with yes. The next question was if anybody pressured me into writing the statement followed by "Did anyone hold a gun or a knife to your neck and make you write this?" for further explanation. I answered yes because nobody held a gun or knife to my neck but they sure as hell pressured me. I would now like to withdrawal this statement and re-write it while I can truthfully and not scared answer every question they throw at me. How would I go about doing this?

*Statement According to What I Remember*

The other day while my mom was at work I decided to make a few treats. Today, I have brought them to school and possibly make $5 each. Joe nor Aaron were going to buy one from me. (The people I was with because homies don't **** other homies. (and actually they weren't going to buy any ah-aha) The treats contained about a little more then a gram of marijuana. (Added this in because the principal told me too)

*Information*

Age: 14

State: California

County: Los Angeles

Court: Los Padrinos Juvinile Court

Time: 3:15 (School Ends: 3:00)

Location: Across the street from school

I'm sure this is enough information for someone to help me out.


Asked on 10/22/11, 12:03 am

1 Answer from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

Rule One: Anything you say will and can be used against you. Your lawyer will make a motion in court to exclude the statement on the bases that it was made in violation of Miranda and that you did not freely and voluntarily make the statement. Winning the motion is not going to be easy and you would have been much better off if you had not made the statement. That said, it has already been made and there is not much you can do about it.

do not kick yourself/

Rule Two Anything you say will and can be used against you. This goes for what you said in your question It may be used against you if the District Attorney finds your question. It is true that statements made to your attorney cannot be used against you but you are probably waiving confidentiality when you make your question so anyone can see it on the internet.

Rule Three: In California giving away marijuana (or any drug for that matter) is the same as selling it. You have certainly given them enough information to charge you with possession for sale of the marijuana

Rule Four: The police are not your friend. Do not try to cooperate with them, particularly when you have contraband on you. They may play nice cop-bad cop but they are out to arrest you.

Rule Five: You never have to talk to the police. It may be a good idea to give them your name if they ask. But beyond that all you need to say is that you want a lawyer and you want your parents present.

Rule Six: I do not know if you consented to the search, but you should never do so. If the police or school authorities attempt to search you, say "I do not consent to any search." Of course if they search you anyway do not put up a struggle.

Rule Seven do not talk to the police or the school authorities about the incident or withdrawing your statement. It can only hurt you. Let your lawyer do all of the talking.

Rule Eight: If you have not done so already get yourself a good, experienced criminal defense attorney.

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Answered on 10/22/11, 12:52 am


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