Legal Question in Criminal Law in California
I was a passenger in a vehicle where we pulled into mall parkinglot to go to wallmart. We were already out of the car to go walk inside when an officer pulled behind the car. I'm on crutches going towards store when the conversation bet- ween officer and my friend kind of grabs my attention. I'm standing there listening and next thing you know officer is out of his car and running my friend and then takes him into custody for a traffic warrant. After they put him in back of police car, they want me to make arrangements to get the car picked up, then they are running me, finds out I have an extensive past(drugs) wants to search me. I don't want him to because I've done nothing wrong. Not on probation/parole. My friend only arrested for traffic warrant. He says, well I need to make sure you don't have any weapons on you and is basically already behind me, bunching up my shorts pockets and asks me, "what's this"? I tell him it's a speed pipe, as if he didn't know as were looking at the shape he's squeezing out of my pocket and now I'm cited for 11364 poss. of narcotic paraphenalia(misd.) What happened to my rights? I've been off parole/probation for 5-6 years plus.
2 Answers from Attorneys
Get a good attorney who regularly practices in the court in which your case will be heard. If you cannot afford one, you can apply at the arraignment for a court-appointed attorney. If the attorney can prove your version is what happened, the case should "go away." Good luck!
You may have grounds to bring an 'illegal search' evidence suppression motion in your defense in these charges.
When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? 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, program, or other decent outcome through 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. I�ll be happy to help you fight the criminal charges and get the best outcome possible, using whatever defenses there may be.
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