Q: HELLO SO IVE BEEN HAVING THIS CASE GOING ON FOR ALMOST THREE YEARS WHICH IS POSSESSION OF paraphernalia
I GOT THIS CHARGE BECAUSE I GOT PULLED OVER THEY NEVR ASKED I WAS GETTING PUKKED OVER THE COPS AND I WAS WITH MY BOYFRIEND. SO I DECIDED TO PLEA NOT GUILTY DUE TO THE FACT THAT THEY SEARCHED THE VEHICLE WITHOUT MY CONSENT OR BOYFRIENDS CONSENT WHEN NEITHER OF US ARE ON PAROLE OR probation YION THEY JUST GOT US OFF VEHICLE AND STARTED SEARCHING A BIT paraphernalia WAS FOUND IN VEHICLE . SO ME AND MY BOYFRIEND GOT A TICKET FOR POSESSION HE DECIDED TO PLEA GUILTY DUE TO THE FACT HE DIDNT WANT TO BE ATTENDING COURT AND I PLEAD NOT GUILTY I HAD AN ATTORNEY WHICH I TOLD HIM WHAT. HAPPND BUT THEN AFTER NEXT COURT HE SAID THEY DROPPED CHARGES IF I GIVE MY DNA WHICH I SAID NO . SO NOW THEY WANT ME GOING TO OIUTOPATIENT PROGAM WHEN I NEVR PLEAD GUILTY . SO IF MY BF PLEAD GUILTY DOES THAT MEAN HE TOOK BLAME OR IS IT OKAY FOR THE POLICE TO JUST SEARCH THE CAR AND GET AWAY WITH IS MY ATTORNEY I ASKED HIM TO GET BWC I DONT THINK GHE EVER DID WHAT CAN I DO IN THIS SITUATION.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
I'm sorry you're going through this difficult situation. If the police searched your vehicle without your or your boyfriend's consent and without a valid reason, this could be a violation of your rights. Your attorney should have reviewed the legality of the search, and if it was improper, evidence obtained might be inadmissible in court.
Your boyfriend's guilty plea means he accepted responsibility for the charge, which doesn't automatically implicate you. However, it’s important to ensure that his plea didn’t affect your case unfairly. Since you pleaded not guilty and the charges were dropped when you refused to give DNA, there might be grounds to challenge the current demand for outpatient program participation.
Consider seeking a second opinion from another attorney who can review the details of your case thoroughly. They can advise you on the best steps to take next, whether it’s appealing the decision or addressing the outpatient program requirement. Ensuring you have proper legal representation is crucial to protecting your rights and resolving this matter effectively.
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
