Legal Question in Criminal Law in California

I need help. My pd gave me a copy of the audio video evidence from police car that can get my case dismissed and also of police misconduct. I try to play it on my computer I cant get it to play using data 911. Well he tells me that he seen the video and it shows me riding a bike a nite with no light. I was walking my bike. At no time did i ride it. Im not stupid to get on the bike when i know he is watching me. Also there is video and the audio does not begin until we get to the police station. So the whole time we are on the street there is no audio and on the police report it says" THIS INCIDENT WAS RECORDED USING THE IN CAR AUDIO/VIDEO EQUIPMENT IN PATROL VEHICLE..." by having the audio it shows that he lied on the police report about what went down. So basicly some one deleted the audio cuz they knew they were in trouble if they heard the audio. I dont know why my pd said he seen in the video that i rode the bike. All i know is that something fishy is going on here. my pd is acting like he is the da trying to get me to plead guilty.

11550 is the offence with dirty test. AT time of arrest i want on anything. I dont know what to do . Thanks for your time .


Asked on 1/22/14, 4:43 pm

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

You need a good lawyer who will fight for you. In our system, you can get good or cheap, but NOT both. PD's are overworked and can't put in the time that a good private defense attorney can. So, you need to retain private counsel. I wish you well................David

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Answered on 1/22/14, 5:07 pm
Kelvin Green The Law Office of Kelvin Green

You need to discuss this with the PD. Maybe he has seen it and that's he thinks there is a case and he is trying to negotiate a good plea. Find some place where you can watch the video and see for your self. If you are hanging your hat on a contradiction between the police report and the audio you will be found guilty. If you don't like what the PD is doing follow Mr Wallins advice

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Answered on 1/22/14, 5:30 pm
Anthony Roach Law Office of Anthony A. Roach

If you can't get it to play, then how in the world do you know what is on it?

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Answered on 1/22/14, 5:46 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

If the PD can play it on his/her computer and you cannot play it, ask the PD to watch it with you on his/her computer,

If you feel that you cannot communicate with the PD or you do not trust him/her to act in your best interest you can raise a Marsden motion before the court and if the court agrees with you the judge will appoint a different attorney to represent you.

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Answered on 1/22/14, 8:06 pm


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