Legal Question in Criminal Law in California

suppressed evidence and the D.A.

Awhile back I asked a question about a friend of mine that got busted with a pound of meth and three legal guns. It was an illegal search because they were looking for a murderer and they knew it was not him once he stepped out of the car. well he is still sitting in jail, he filed a motion to suppress the evidence, and it was granted. He is still sitting in jail and waiting for the D.A. to refile. I guess the evidence they suppressed were the guns, but shouldn't it have been the drugs too, being that they were looking for a person and wouldn't have found him in a wrapped birthday present.(where the meth was) I just don't understand what they would refile on and what he can do to get out of jail any sooner. Can he not waive time again so he won't have to be in jail for another 6 months while the D.A gets his case together? P.S. the drugs weren't his neither was the car. wrong place wrong time. thanx!


Asked on 12/06/04, 3:52 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: suppressed evidence and the D.A.

The decision to suppress some evidence but not all of it was based upon the facts of the case, and you have not provided enough detail about those facts for me to say whether the decision was right or wrong.

The D.A. does not need to re-file unless the court actually dismissed some or all of the charges. This may be what happened, but your question is silent on this point.

And you should note that possession is not the same thing as ownership. Your friend was charged with possessing the guns and the drugs and not with owning them, so even if he can prove that the car and its contens belonged to someone else that will not be enough. If I borrow your car and I know that there are drugs and guns in it, then I am in possession of those items and can be convicted on sych charges.

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Answered on 12/06/04, 2:34 pm


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