Legal Question in Criminal Law in California
If a search warrent is used to obtain evidence but the D.A did not press charges and the co-defendent in the case pleaded guilty and was sentenced can the police still press charges on me using that evidence they obtained for a case that is already over?
3 Answers from Attorneys
Only the district attorney can file charges. But they can do so any time within the statute of limitations.
If you were never charged, then there was never a case against you. You were not a defendant, so the person who did get charged was not your co-defendant.
If there was never a case against you, then it makes no sense to say the case is over. The case against the other person may be over, but that has nothing to do with you. You can be charged at any time until the statute of limitations expires.
As far as I can tell, the evidence that was used in the other case can be used against you as well. There is no good reason why evidence should only be usable once.
I agree with Mr. Shapiro and Mr. Hoffman.
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