Santa Maria, CA asked in Criminal Law for California

Q: i know that the case could be dismissed cause the raid was illegal

the charges are 001 HS11379A 001 PC186.22E1

I have no tattoos or have never been a gang member, i was not arrested At all for theses charges, never read any miranda right. when my mothers house was raided in 2015 they stated i was wanted for questioning. My first court date was 3 months after the raid. i know the raid was illegal cause there was no trace of it afterward, usually its in the news. Back in 15 when i gave detective the recording he had me sign a paper saying thati was doing recording so the DA wouldnt charge me since i agreed to do it. but since my ex fiance says he didnt do it they wanted a confession and thats was it. and they got mad at. the detective kept contact with me the whole time i felt he wanted to make me believe i needed protection from ex fiance, i feel he had someone pull a gun on me once, cause after it happened he called me saying if i was okThe DA thought i knew more then what i did so on stand she looked dumb and shes mad at me, ive never seen anything

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

A: To properly answer any legal question it is necessary to ascertain more information. It is like asking a doctor over the phone what your pain in the stomach is about and whether he could cure it. The Doc needs to get a more complete history, lab work and X-rays etc.

I would strongly suggest you write out a detailed summary of the facts including your name, address, email and the relevant facts. Every lawyer you talk to will need the same information to intelligently answer your inquiry.

After doing that you should set up an appointment with a local lawyer that handles the area of law in question. If you need a referral, please contact me at 760 837-7500 or dale@dalegribowlaw.com. In other words, you do not hire an LA lawyer for a case in Palm Springs or OC and visa versa. Of course, on a criminal case, if you cannot afford a lawyer the court will appoint one for you.

If there was an underlying case, then the lawyer who handled that case would be in the best position to know all the facts and advise you intelligently on your inquiry.

It's also important that you not talk about this case to anyone except your attorney. Please remember anything you say online herein is discoverable and can be used against you.

The problem with talking to anyone, be it the police or an insurance adjuster, is they may misunderstand what you said or they do not write down everything. Sometimes the problem is what THEY THOUGHT THEY HEARD YOU SAY that hurts you. You never want to admit to anything.

You should consider retaining a lawyer, remaining silent and letting the lawyer be the strawman and taking the heat.

In other words for instance, you would be happy to talk to the police or the insurance company, but your lawyer has ordered you “not to talk without his permission”.

You then suggest they talk to your lawyer for permission for you to talk to them. I never let my clients talk to anyone and always take the blame for any issue.

Ali Shahrestani,
Ali Shahrestani,
Answered
  • New York, NY
  • Licensed in California

A: If you're looking to determine whether you have a factual and/or legal basis for an appeal, time is of the essence. Your summary here is both vague and confusing. You might have a deadline issue for an appeal if you've not been pursuing the appeal, but there are exceptions. As to the allegedly illegal raid, what do you believe was illegal about it? Was consent provided by the homeowner to search her home? Were there other pieces of evidence used to convict you that had nothing to do with the raid? More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, www.AliEsq.com. I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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