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

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

Posted

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 factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply.

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4 comments

Asker

Posted

If the evidence is for my brothers case can it be used to open a case against me right away or would that happen after his case has been resolved?

Asker

Posted

If the evidence is for my brothers case can it be used to open a case against me right away or would that happen after his case has been resolved?

William A. Jones Jr.

William A. Jones Jr.

Posted

If the evidence you are referring to helps the state prove your brother's guilt on his charges they will certainly make use of it. It will not come back on you unless they conclude that it shows you are also criminally culpable. You should absolutely consult with an attorney.

Seth Andrew Weinstein

Seth Andrew Weinstein

Posted

It could happen immediately. It depends on the evidence and the facts of his case. Seth Weinstein, Esq. Practicing throughout Southern California (310) 707-7131 www.sethweinsteinlaw.com

Posted

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 response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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Posted

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.

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Posted

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 matter. Please call my office at 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com

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Posted

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.

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Posted

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.

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Posted

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

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Posted

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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