2017 while asleep on side of road I was pulled over and went thru the motions, until asked to get out of the vehicle as I was still on probation (I was discharged about 6 weeks prior)
Fast forward thru the normal protocol of searching my vehicle as IF I were on probation, I was free to leave (w/ my car w/ a ticket to appear for MISD controlled substance >gram. Sadly I missed my arraignment and put myself on calendar a few months later.
Which brings my PAST front and center. 2004 -18 years old (now 32 y/o) I was charged/did county time with P.C 290 which also led to a strike (I had no idea what taking a strike entailed back then)
Approx 2014 prison term (2 yrs+1 yr probation)for Commercial Burglary.
Now I'm out on bail for a FELONY poss contr subst (severity being from the previous charges listed above) the current offer from the DA is a 5 year prison term!! and my (very busy) PD thinks she can maybe get 32 months at best, and sort of writes me off.
So, do I have a leg to stand on being that I have proof I was in fact NOT on probation, therefore the discovery of the bag would likely not been found?
If that doesn't matter would it be wise of me to take this case to trial?
This is a complex area of law and VERY fact specific. It depends where the error arose and whether or not other factors justify the search anyway. You'll need a very good lawyer to litigate a motion to suppress.
SAN DIEGO CRIMINAL DEFENSE ATTORNEY--20 years experience
Your facts are very complex. You might have a motion to surpress- but you need a good criminal defense attorney!
ANDREW ROBERTS CRIMINAL, DUI AND TRAFFIC TICKET DEFENSE ATTORNEY- 40 YEARS EXPERIENCE
The answer likely will depend on whether the officers were acting in good faith and legitimately believed you were still on probation and made a mistake that was reasonable to make. As far as what is reasonable, that will largely depend on the specific facts of your case. You should hire the best attorney you can afford that has experience in both trial motions and appeals since you are probably going to a higher court win or lose.
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