Can evidence pertaining to another case affect me in any way?

Asked over 1 year ago - Oceanside, CA

My brother was presently involved in a crime where someone unfortunately was killed, police officers came to my house and.took various of my belongings as evidence.for the case including hard drives which contain illegal material, could this affect me? Would I also have to go to court and possibly be convicted?

Attorney answers (8)

  1. Maltaise E Cini

    Contributor Level 17

    11

    Lawyers agree

    Answered . As the other attorneys indicated you could potentially be charged with a crime if there was illegal material that was in your possession. You need to obtain an attorney ASAP. Do not speak to law enforcement should they contact you to discuss anything pertaining to your brother or what was seized from your house. Hire an attorney to do the talking for you.

  2. William Peter Daley

    Contributor Level 17

    10

    Lawyers agree

    Answered . If the police were legally searching the residence where you live and came across evidence that might incriminate you in a crime, yes that could be used against you in a totally different criminal prosecution. My advice to you is do NOT make ANY further statements on the Internet or on any websites. Anything you say can be used against you. I STRONGLY recommend you contact one of us Avvo attorneys immediately to retain our services to fight for your freedom. Most of us offer a free consultation and you need to work with somebody that you're comfortable with.

    www.lawofficeofwilliamdaley.com

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  3. Seth Andrew Weinstein

    Contributor Level 15

    8

    Lawyers agree

    Answered . Yes it could definitely affect you. If they find illegal things in your home pursuant to a search warrant for something else, it is still a criminal violation. I had a recent case where police went to my client's home to search for evidence related to auto insurance fraud. They discovered child pornography and he was arrested for that.

    Seth Weinstein, Esq.
    Practicing throughout Southern California
    (310) 707-7131
    www.sethweinsteinlaw.com

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  4. Majid Seyfi

    Contributor Level 10

    8

    Lawyers agree

    Answered . You shouldn't post specific facts, especially about a murder or homicide case on this forum. You must talk to an attorney in private. As far as the illegal items on your computer, it depends what the illegal items are. Without knowing the facts, it is difficult to answer your question accurately. But the general answer to your question is "yes" they could arrest you and open a case against you if the contents found could be linked to you.

  5. Daniel William Cohen

    Contributor Level 8

    7

    Lawyers agree

    Answered . Yes. They may or may not have enough evidence to link you to the illegal materials. However, you do not want to give them any rope to help hang yourself. As other attorneys have stated contact a lawyer ASAP. Do not under any circumstances discuss the matter with anyone except the lawyer including law enforcement family and friends. Do not make any more public statements on the Internet.

  6. Frank Mascagni III

    Contributor Level 20

    8

    Lawyers agree

    Answered . If the police had a valid search warrant or consent to search and search and seize items that are illegal, you need to consult with a criminal defense attorney ASAP to protect yourself. I don't know what was seized, but potentially the owner could be charged with a crime. Seek counsel.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  7. Andrew Michael Limberg

    Pro

    Contributor Level 16

    5

    Lawyers agree

    Answered . If the evidence was seized in a lawful manner (either by a warrant or with consent) evidence found within the harddrive could be used to prosecute any responsible party. At this point, you should not speak about this with anyone but a defense attorney. Anything you say to anyone else can be used against you, while your attorney can speak on your behalf without the fear of it being used against you. You should contact a North County defense attorney and obtain a free consultation about what can be done to protect your interests.

    Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381
  8. David Philip Shapiro

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . Yes. You and your brother should be contacting, and hiring, the best locally experienced criminal defense attorney you can afford.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

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