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Stevexo, Criminal Attorney
Category: Criminal Law
Satisfied Customers: 1000
Experience:  Thirty years Criminal Defense
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drug charges

Customer Question

hi my names paul i live in california so my question is a little confusing so almost 3 years ago i caught a drug case in modesto california now i live in sacramento california which is about 80 miles west of modesto. sooo the modesto case ended up gettin dismissed due to insufficent evidence about 6 months after i was charged now its almost been 3 years later and i guess modesto decided to refile charges because the cops came looking for me with a warrant for my arrest out of modesto for the same stuff that happened 3 years ago. about a week after the warrant was issued i got pulled over in madera county which is about a hour south of modesto. they took me in on that warrant sooo i had to bail out i called my buddy in sacramento who is a bail agent and he drove 2 hours to madera and bailed me out on 75,000 bail. sooo about a week goes by and i return home to sacramento and go to the corner liquor store and get surronded by about 20 sheriffs etc etc the reason they were after me was for that same warrant i had taken care of andf bailed out on about 5 days prior. sooo im on probation so they searched me and found nothin then proceeded to go search my house and found some drugs so i caught another drug case. when they booked me they charged me with the same charges i bailed out on 5 days prior in madera and they also charged me with 2 new charges one was a violation of probation and the other charge was for the drugs they found at my house. i was just wondering if this sounds legal to you because it deff doesnt seem right to me i know im on probation but for them to make me bail on the same charges twice and ultimately that was the whole reason they came after me again on a warrant i already bailed on and took care of it just doesnt seem right to me at all? can you please give me your opinion thanks also do u think the new charges will get thrown out because the way they went about this whole situation? 

Submitted: 4 years ago.
Category: Criminal Law
Expert:  Stevexo replied 4 years ago.
Qualified as an expert in Criminal Law,30 years of Criminal Defense trial work.Hi glad to help. I am a criminal defense attorney, and being in South Florida have handled many serious drug cases. Your case presents many legal problems, as there is no justification legally for many of the actions of the police. I will take them one by one. The State can refile charges. It happens all the time. But, and that is a big but, if your case was dismissed by the state, usually upon refiling 3 years later, the State can have real problems with trying you on these offenses. First of all upon the original arrest you have the running of speedy trial. Thus because they dismissed the charge then refiled 3 years later and the charges are the same, you ,for speedy trial purposes were arrested when the first arrest occurred. As long as you never waived speedy trial nor continued the case they did not take you to trial within the trial time. It also appears that they have breached the statute of limitations for not trying you within there limitation period. The biggest problem is their search of your home resulting in a violation of probation and the new drug charges. I do not know how they got into your home and I have a feeling that you consented. I hope not as you did not have to, and they had no right to search your home even if arresting you on a warrant, as the arrest did not occur at your home. The search of your home if they did not have a warrant is most likely illegal under the 4th amendment, and the result of that if proven is that the evidence is thrown out of court, and then there is no case to prosecute you on.The case will not get thrown out because they arrested you twice for the same offense. The illegal arrest would not help to get it dismissed ,but it would help to suppress any fruits of said search, and if suppressed the state has no case.This only applies if as a result of the illegal arrest there is incriminating evidence found or statements made.So the two arrests in and of themselves do not help to dismiss the case, but if the new charges or violation are the result of anything found as a result of the illegal arrest the they could be suppressed and could not help to convict you of a new crime or a violation. Good Luck, Sincerely, steve
Customer: replied 4 years ago.

hi steve thanks for the feedback soo even though im on probation they violated my rights by coming to my home and searching my home? i did not give them consent they just said were going to his houdse and started askin me were the key was or they were gonna bust down my door i told them i dont know i just came back from vacation and i was just bullshiting them telling them maybe there was a spare key in my car someweres. it took them 20 minutes to realize the house key was on the key ring they seized from me at the liquor store. i deff didnt give them consent tho i had a pitbull in my home i also told them dont enter the dog will bite. but they proceeded to search my home ne ways and found drugs and took me in on a new charges and also charged me with the same charges out of modesto that i just had bailed out on 5 days prior thats what the warrant was originally for they said that if i bailed out and took care of it 4 days ago it must not have cleared in there system. i did have a storage unit accross the street which wasnt in my name but i did have belongings in there and they asked me about that and i knew i had nothin illegal in there so told them which unit it was . thats about all the info i gave them the drugs they found in my house i didnt say they were mine i said someone was sleeping on my couch and they must have took off running. and also the case in modesto from 3 years ago they refiled charges on actually happened march 2nd of 2010 zoo it was almost 3 years about 2 yr 11 1/2 months to be approx. sooo im not sure if they breached the statue of limitations i think the limitations are 3 years?

Expert:  Stevexo replied 4 years ago.
Yes they are within the statute of limitations for that. The issue of probation is fine, as an illegal search can be raised in a probation violation hearing and also in the new case. The motion to suppress should be filed in both cases. Sincerely, Steve