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Have had (2) dui's 12 years in the past. one alcohol related barely over limit allowed, other one for trace of meth in my system

Orange, CA |
Filed under: Criminal defense

never used meth again. recent event in friends car with my jacket laid on his seat. we are at a recycling center cops arrive pull up behind us as we were sitting waiting for a friend with truck who had rest of recyclables.cop who aproached me did so with something in his hand asking if it was mine, I said no next cops inquire why we are there we tell them. next we are asked if we have any drugs, we answer no. can they search car & us answered yes we are sat on curb in front of car-no cop video or recorder on-they asked whos jacket on seat I said mine, it is removed from car by cop and taken behind the car to be searched.My friend goes home, I get arrested for possession of meth 2.5 grams, which later is changed with no explanation to .2 grams I am pushing for jury I am not guilty

Attorney Answers 2

Posted

I'm guessing you question is two-part: 1. Was the search illegal. and 2. Is the evidence you sufficient for conviction. As to the first question, probable not. The cop can walk up to you and look inside your car without needing a warrant, and once you give consent to a search the game is pretty much over. As to the second part, maybe. Certainly the jury is allowed to believe that if the meth is either under or in your jacket (you don't say which) that it is yours. Your attorney neeeds to argue that this is something that they shouldn't do. You will almost certainly need to testify and let the jury know how your jacket got there, and that the drugs are not yours. (NOTE: if you have a felony or a misdemeanor criminal record for a crime of moral turpitude, it will come out on cross-examination). This is a case where the quality of argument on both side will be key.

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What's your question?

Mr. Feasel is a former Deputy DA in the SF Bay Area with over 10 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney/client relationship. If you would like to hire Mr. Feasel to further investigate your situation, feel free to contact him thru this site.

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