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Was arested for having a suspened DL, was not driving, the car was parked on the drive way and was impounded.

Bakersfield, CA |

I had jusw pulled up at my friends house and went in side not 2 minutes later there where 5 police pounding on the front door. My friend asked them what they wanted and they just demaned he open his door. He did not open his front door and we went to the back yard where we where yelled at by two officers and they wanted to know if and one in the house was on parole. None of us where and I have never been arested befor, they demned to see our DL I was the only one who complied to that, after runing my DL they told me I had a suspened DL and told me to walk to the front door which I did they asked me to step out of the house which I did I had bearly step on the front porch when they grabed me and put me in cuffs and impounded my car. they never said why they where there. is this legal?

Attorney Answers 4


That's hard to say, because if the police want to see you prosecuted what actually happened isn't necessarily the exact account they will deliver if and when testifying at a preliminary hearing, or even trial.
Do they have to tell you why they're at your house or banging on your door? No. And your friend didn't have to open that door - they never entered without his agreement, right? And while yelling in the backyard, they were not on your frien'd property, right?
And the fact you gave them your license doesn't mean they would have taken it from you if you hadn't, right? They intimidated you, and acted like brutes. Not necessarily illegal.
You see, the police can state that they asked you to do something and you did it voluntarily. And they can say you couldn't have been worried about what would happen if you didn't agree because when your friend refused to open his door they didn't do anything.

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Whether what they did was legal is questionable and you should discuss this with your attorney, once your attorney has the police reports. If the police did not see you driving and you did not admit to driving, then it was certainly illegal. But, it sounds like they were staking the place out or following you when you arrived. Another issue arises about whether they had a reasonable suspicion that you had committed a crime, enough to demand to see your driver's license. Hopefully, you didn't admit that you had driven there or that you knew that your driver's license was suspended. If not, you should have some defenses available to you. Hire a lawyer if you can afford one. If not, ask the court to appoint one to represent you. Discuss your case with your lawyer. Good luck to you.

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That is very odd, usually they have to pull you over for something, I.e. speeding and then find out you have a suspended license. I would definitely get an attorney to handle this for you.

Elliot Zarabi

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It looks like the issue in your case was whether anyone observed you driving prior to entering the residence. Did the officers indicate they had a witness or that they witnessed you driving? If not, it would be very difficult for them to prove that you drove to that location. You need to get a copy of the police report to determine why the officers arrested you and then contact an attorney to assist you in your defense. If you want a consultation to go over the report, please call me at (661) 323-8700.

John A. Tello, Esq.
432 Truxtun Avenue
Bakersfield, CA 93301

This advise is general in nature since I do not have specifics regarding your case. But most important of all, talk to an attorney either in person or telephonically before you go into court to discuss your options.

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