Los Angeles, CA asked in Criminal Law and Cannabis & Marijuana Law for California

Q: My house got raided and they found some wax and butane cans around 6 of them and two pills that weren't mine

They released me the next day but they forced me to write down and sign on a piece of paper that everything found inside the home was mine if I didn't cooperate with them what can I do

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

A: The answer most lawyers will give when asked a legal question is IT DEPENDS. Unless a lawyer has received all the facts s/he can’t spit out a credible answer. Junk in equals junk out.

Every case is unique, and more information is needed to properly answer your query intelligently. In other words it is usually both case and client specific. Does the client have a record? For what? How long ago?

I would initially caution you NOT to discuss your case on an open forum like this. You should also not discuss it on any social media.

It is always a good idea to contact a lawyer local to you, that handles these types of cases in the court where you would have to appear. Many lawyers do not charge a consultation fee.

Most DUI and Accident lawyers will offer a free consultation to review the facts. For other areas of law, many lawyers will bill for a consultation. Try to get a local legal consultation.

In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an LA case. In those cases, I usually try to refer the potential client to a lawyer more proximate to where this happened.

On a criminal matter, please remember the court will appoint a court-appointed lawyer for you. That lawyer will have all the evidence in front of him/her and be in a better position to provide an intelligent answer.

For a criminal case, success may depend on how the evidence was obtained and the details regarding the stop and arrest, as well as a review of the facts of your case. A lawyer can't promise success any more than a brain surgeon can before surgery.

If you need help finding a good lawyer and are in a position to retain a private lawyer, please contact me and I will give you some names. Remember they are charging you with POSSESSION not ownership.

Good Luck

John Karas
John Karas
Answered
  • Criminal Law Lawyer
  • Temecula, CA
  • Licensed in California

A: Hire an experienced criminal defense lawyer who specializes in illegal searches and seizures. Unless the police had a search warrant issued by a Judge, the evidence they collected from your home might be able to be suppressed (prosecutor can't use any of it as evidence).

Also, since you were take into custody, a Miranda warning should have been given (you have the right to remain silent, have an attorney present when questioned, etc.) so your written "confession" the next day also might be able to be suppressed.

You may be charged not only with possession of the wax and pills but MANUFACTURING which is a felony and significant jail time (years) can be imposed. If you have prior drug offenses related convictions, you could be sentenced to serve the time in state prison.

Do you yourself a favor. Don't rely on a PD (Public Defender). They're overworked, have huge caseloads and won't able able to devote the time to handle your case the way a private criminal defense attorney would.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.