Oakland, CA asked in Criminal Law for California

Q: I was arrested on being under the influence and possession of paraphernalia during a probation search for my Roomate.

I was in my room with the door locked and asleep when the police got me out of bed and along with everyone else in the house they put me in handcuffs and sat me outside whilst they proceeded to destroy my room and break glass and make a mess. As I stated before I was completely asleep and had been since the night before and was quite disoriented and confused being woken up that way. Still being half asleep the police then accused me of being under the influence due to the fact that I was so disoriented from being woken up and all that was going on. Apparently they found some kind of paraphernalia in my room but that charge has since been dropped. They questioned me while I was in handcuffs not reading me my rights until 45 minutes to an hour later when arriving at the police station and there proceeded to give me a blood test without my concent and didn’t offer the option to a urine test. I have never been in trouble before and this is making me sick!!!Please help me!!!!

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2 Lawyer Answers
Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: Much more info needed.

type up a detailed summary of the facts as your memory will be better today than a month or more from now.

if you are arrested and have a court date, then you need to hire a lawyer or ask the court to appoint one for you.

the DA may have a problem with the lack of rights before talking to you. However, i would not be surprised if the police report shows them having done so and that you were too loaded to remember.

Wais Azami
Wais Azami
PREMIUM
Answered
  • Criminal Law Lawyer
  • Garden Grove, CA
  • Licensed in California

A: I agree with Dale Gribow. You need to write everything down like a journal that when read, can be seen like a movie. Lots of descriptions. Simultaneously, hire a local criminal defense attorney. You have no time to waste.

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