Legal Question in Criminal Law in California

my friend got caught up in a probation sweep by the local p d. He wasn;t home at the time of the sweep, but because he was on probation the cops gained access to his locked room where they found some paraphinalia and a few pills. They want to charge him with a felony, but anyone could have left those things there, right? So can he fight it on those grounds and win?


Asked on 3/13/14, 3:43 am

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

Your friend needs an experienced law firm fighting for him. In my 26 years in criminal law, both as a Former Deputy District Attorney and a Certified Criminal Law Specialist, I have seen lives ruined because of bad representation. Many criminal defense attorneys, offer free consultations. I highly recommend that your friend speak to an experienced criminal defense attorney immediately. I wish your friend the best..............David Wallin

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Answered on 3/13/14, 6:55 am
Terry A. Nelson Nelson & Lawless

CAN he fight it? Sure.

CAN he win it? Sure.

WILL he win it?? No attorney is going to guarantee org promise that, regardless of the supposed facts you state. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, defenses, sympathies, etc.

If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If he is actually serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to have him contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 3/13/14, 10:47 am
Edward Hoffman Law Offices of Edward A. Hoffman

The government has to prove its case beyond a reasonable doubt. But not all doubts are reasonable. Sure, it's *possible* that somebody else entered your friend's locked room, put the drugs and paraphernalia there, and then locked the door behind her when she left. It's also *possible* that he either didn't know the drugs were there or that he didn't realize what they were. But that doesn't mean it would be reasonable to believe any of those explanations.

Your friend might have good arguments available to him, but he needs a competent lawyer who can identify those arguments and present them effectively.

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Answered on 3/13/14, 12:43 pm


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