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PC 148 Delaying - Defense Suggestions

San Bernardino, CA |

Did not immediately provide officer with ID (walking) and he arrested me immediately without asking questions. There was a truck that pulled over and I suspect he thought we were trying to hitch-hike or publicly intoxicated. No other parties arrested or charged.

1. PC Sec 20 states there must be intent, to be a crime.

2. PC 26.5 persons who committed act by accident with no evil design or intention/negligence.

3. PC 29.4 B Voluntary intoxication to support there was not intent.

4. Officer lacked probable cause

I know it would be best to hire an attorney, but I am only looking for an opinion. I would like your opinion of the above 4 ideas would be a valid defense for me to pursue. Thank you.

Attorney Answers 2


The best defense to a case such as this is to challenge the validity of the police officer's report by 1) credible witnesses such as the other person who was there; 2) exploring a Motion to discover the Officer's personnel files and learn whether other arrestees have complained that the officer is untruthful, called a Pitchess Motion and 3) showing that your version of events is more reasonable and thus believable. It is quite difficult to win a case such as this, and you definitely need to consult with a skilled attorney, especially if you are going to pursue the Pitchess Motion.

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In my opinion with the few facts you have provided I don't see how the four suggestions will assist your defense. With that said, it appears you are unwilling to retain an attorney. If you are comtemplating going pro per the judge and da will not be assisting you, so I wish you the best.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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