My husband and I went to a Indian casino in the state of CA. and my husband dropped a package inside the said Casino. Indian Casino's are Souvern Nation so state laws shouldn't apply wright? the next night around 9:00 P.m the police came to our house and asked my husband some questions and my husband answered them honestly, the police officer asked him if he had been anywhere lately, my husband said yes the casino, then he asked if he lost anything, and my husband replied yes, my stash. the police officer left he did not sight and release my husband or give him a ticket, he told my husband not to return to casiuno, or he would get arrested for trespassing, then he left. About a month ago my husband got a letter from the DA. saying he had a Felony Possession charge and to appear in Drug Court on October 8, 2013. I spoke with an attorney, and he said to appear and plead not guilty. My question is this, can the DA. do this when in all actuality my husband lost possession, and souvergn nation has different laws and rules that apply right?
3 Answers from Attorneys
Some Indian reservations have agreements with local law enforcement to enforce U.S. laws. Your husband needs a decent criminal defense attorney. Crimes committed on reservation land can be enforced in federal court as well, so you are not really raising any valid defense.
I agree with Mr. Roach. Your point that "in all actuality [your] husband lost possession" does not help, since in order to lose possession he necessarily had possession before then.
Can the DA. do this ?
He DID already, didn't he ? That demonstrates that the casino has agreed to allow state and federal laws apply.
A little free advice you already ignored: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about a case except with and through an attorney.
When charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? He already 'confessed' to the 'stash', clearly meaning drugs.
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 serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Iíll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.
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