Menifee, CA asked in Criminal Law and Federal Crimes for California

Q: Can the CHP falsely put me in the system as a convicted felon on probation to raid my house over a road rage incident?

I served 20 years in the Marine Corps, and 22 years now in the federal government, all in drug and alcohol testing programs. I've never been arrested or on probation, never owned a gun, and haven’t held a gun in 25 years. CHP held my wife and myself at gun point with 20 to 25 officers raiding my home because of a road rage incident in which I allegedly used my vehicle to hit a car going 60–70 mph on a highway, pointing a gun, and threatening to kill passengers in a road rage incident. They used my being a felon on probation to justify the search and to place me on a no-bail warrant for arrest. Bail was set at $270,000 because of prior alleged probation, and for felons, bail was reduced to $100,000 when they found out I wasn’t on probation or a convicted felon. I was just exercising my First Amendment rights during a road rage incident by returning the Fu-bird sign to the other drivers who flipped me off first. I spent 5 days in jail. Now the system doesn't show me as a prior felon.

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1 Lawyer Answer
James L. Arrasmith
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  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about the troubling incident you experienced. It's important to consult with a criminal law attorney regarding the alleged false information and the conduct of law enforcement officers during the raid. Gathering evidence to support your claim of innocence, such as military and government service records, eyewitness testimony, or video footage, may be helpful. An attorney can guide you on addressing the bail amount and any legal implications.

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