Oakland, CA asked in Criminal Law for California

Q: Could they charge me with multiple sales of narcotics at the same time

The PD raided my house and took my safe with narcotics in it but have yet to file charges on the contents of that safe. Then about a month later I got pulled over by a different police agency and was found with narcotics, after they cut into a locked bag without my consent and charged me with sales for the contents of that bag. Could both agencys file a different sales case? And can they use the evidence they found in the bag they cut open or is that an illegal search?

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

A: MORE INFO NEEDED.

EACH INCIDENT IS A SEPARATE CASE AND YOU SHOULD HIRE A PRIVATE LAWYER OR HAVE THE COURT APPOINT A LAWYER.........AND BE SURE IF THERE ARE 2 DIFFERENT LAWYERS, THAT THEY SPEAK AND COORDINATE WITH ONE ANOTHER. MAYBE THEY CAN WORK OUT A PACKAGE DEAL.

Rhonda Mae Hixon
Rhonda Mae Hixon
Answered
  • Criminal Law Lawyer
  • Redding, CA
  • Licensed in California

A: The district attorney for your county files cases arising from all cities within the county. So, if it was different police agencies within the same county, the charges will come together in one complaint either from the beginning or separately, and then consolidated later. If different counties are involved, charges are brought separately in each county. It is very important that each lawyer that may represent you knows about everything outstanding no matter where it's from. As to the search issue, there are so many factors that go into the evaluation of 'illegal search' that a simple answer is not possible without more information. Generally speaking, the police must get a warrant to open a container in a vehicle if no one is also arrested, on probation, or subjected to an inventory search because the vehicle is being impounded. Certainly an issue for your attorney to pursue.

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