Legal Question in Criminal Law in California

My 18 year old friend was pulled over on the side of the roa and a cop cam behind us and turned his lights on. He told the driver we were being pulled over for tinted windows and began asking the driver and the three passengers including me to get out one by one the handcuffed all of us. And asked the driver if they could search the car he said no he wa on a hurry to get home the officer began searching the car regardless and found over and ounce of marijuana underneath the front passenger seat and a scale in the trunk. They didn't read us our right till after we go to the station. What will most likely happen in court if they charged everyone in the car with intent to sell because no one owned up to the weed or scale but the driver admitted to the hookah and bong the driver was also the only adult in the vehicle?

Asked on 5/04/13, 12:03 pm

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

If the police version is somewhat similar to your's you will move to suppress the evidence on Fourth Amendment grounds. These motions are rarely won but on your facts you should win and the case should be dismissed. If they insist upon charging all three of you, you should insist upon a trial. (The driver being an adult will get a separate trial before a jury.) I doubt they can prove that all three of you possessed the marijuana. As to Miranda, any statements made after a person is detained and before he/she is given their Miranda rights should be excluded at trial if it was the result of interrogation.

Each of you needs a separate attorney as soon as possible.

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Answered on 5/04/13, 10:58 pm

Terry A. Nelson Nelson & Lawless

What will most likely happen in court ?

Prosecution for the crime[s] charged by the DA. Looks like felony charges.

You’ll learn the actual charge[s] filed and any enhancements, priors, or violations alleged, and get copies of all the police reports and prosecutors’ evidence when appearing for arraignment at the first court hearing. The charges actually filed by the prosecutor will determine how much ‘time’ could potentially be imposed.

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? While this isn't a 'capital case', it certainly carries potential ‘time’, so handle it right.

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 search & seizure and evidence suppression motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, feel free to contact me. I’ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 5/07/13, 12:47 pm

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