Legal Question in Discrimination Law in California

if you told the cop you didn't fill comfortable but he kept asking questions and also a person who was standing by was also pressuring you to answer the questions and you freak out and say stuff wrong can they use that against the person when you are a minor ? also while you are stressed out and you don't know what to do and you answer one major question wrong and the person is now in jail because of that can you go to a cop and get that charge expunged ?


Asked on 7/01/12, 9:08 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

What part did you not understand of the real life and normal TV cop show warning, "anything you say may and will be used against you in a court of law"? You had a right to remain silent and failed to exercise that right. "Stress" is not an excuse.

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. If they arrest a person, they think they can convict him.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? A little free advice that may now be too late for you: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. 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, program, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

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Answered on 7/02/12, 11:27 am


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