Legal Question in Criminal Law in California

can i make a citizens arrest on my wife for buying oxycotin from her dealer? i have the last two months of text messages, very detailed. meets with the dealer every other day. in california


Asked on 8/01/14, 6:51 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

If you have text messages and if you are insisting upon an arrest you ought to give the messages to the police. Before you do so I would strongly recommend that you meet with a criminal defense attorney and discuss the possible consequences of an arrest.

Read more
Answered on 8/01/14, 8:38 pm
Joe Dane Law Office of Joe Dane

Can you? Yes.

Having said that, a word of caution: if you make an arrest for a felony, you have to be sure a felony was in fact committed. Of you're wrong, you expose yourself to liability for false arrest.

Instead, you may want to report this to the police. Before you do, a consultation with a good local criminal defense attorney may be a good idea. Why? Because there are laws in place regarding privacy and you need to make sure you wouldn't be admitting to a crime by telling them how you gathered evidence.

Read more
Answered on 8/02/14, 9:42 am


Related Questions & Answers

More Criminal Law questions and answers in California