Legal Question in Criminal Law in California

My Dad Had a week working for a trucking company when he was stopped at weight station. It turned out that his cargo had aluminum cans inside. What was noted in the bill of lading as written by his employer and it was inaccurate. The trailer had a seal as is standard practice so my dad did not know the actual cargo. He asked the cop if something was wrong and they told him no and let him go. Turned out that they had and active investigation against the company for transferring cans across state lines. My dad thought everything was OK because the cop let him go, continued driving for this company for 3 more months. He was eventually arrested for conspiracy to commit fraud. There is 0 evidence that he ever carried more than that initial load and no phone records or banks statements showing he was involved in this conspiracy to transport cans across stated lines. Discovery materials show plenty of evidence that his employer was transporting cans across state lines but only mentioned my dad once, that is when he was stopped with a sealed load at the weight station. What's crazy is that the cops told him nothing was wrong when he was stopped instead of telling him that his employer was under investigation. He even told the cop he had just started working there.


Asked on 10/17/20, 12:08 pm

1 Answer from Attorneys

Robert Kane Law Offices of Robert D. Kane, Jr.

If "[th]ere is 0 evidence" he will not be convicted, but he still needs an attorney if charged. If the cops didn't tell "him nothing was wrong when he was stopped" it would have quickly brought the investigation to a premature end possibly allowing criminals to go free. Not "crazy" one little bit.

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Answered on 10/17/20, 12:26 pm


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