QUESTION

arrested for control substance that was found in a auto i have nothing to do with at my place of employment.

Asked on Feb 19th, 2014 on Criminal Law - California
More details to this question:
They insisted it was my vehicle and my drugs.Was not registered in my name. I was not in or near it. They said in court that I said it was my auto and drugs, I did not say that. They did not read me my rights when arresting me. How can they do this and get away with it?
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1 ANSWER

Homicide Attorney serving Los Angeles, CA
3 Awards
You may have a defensible case, and need to speak with a criminal defense attorney.  The state is going to have to put on some evidence showing a connection between you and the car.  It's impossible to determine just what that is without seeing the discovery (copies of the police reports, witness statements, any photographs, etc) from the District Attorney.   If they cannot connect you with the car, it may be possible that there will be no holding orders after prelim, if you are charged with a felony.  But remember that the bar is set extremely low in preliminary hearings.  There only needs to be a reasonable suspicion that the crime was committed and that you did it.  Again, without reviewing your discovery or your precise charges, it is not possible to give more specific advice.
Answered on Feb 20th, 2014 at 4:49 PM

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