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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117359
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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My boyfriend and I were arrested in South Gate last October

Customer Question

My boyfriend and I were arrested in South Gate last October at a hotel we were staying at for a few days. I went to work all day and when arriving back to meet up with my boyfriend the cops out of nowhere surrounded my boyfriend and arrested him a short while later they approached me and ask me some questions I stated to them that I was at work all day and didn’t know what was going on they stated they were just doing their job. They asked if the vehicle next to me was mine I stated to them it was a rental and not under my name they then took the key from my hand and open the doors and began to search it. I repeatedly told them that they had no reason to search the vehicle and I never allowed them or gave them my permission to search it. They told me to "shut up" or i would go to jail if I did not corporate. They told me that they were going to write me a ticket and site me out, so they did eventually site me out and when my boyfriend went to court he case was rejected. During the process of booking at the station my boyfriend was brutally assaulted by officers within that department where he sustained multiple injuries.
About 2 months later they refiled charges they changed the charges against my boyfriend and now charging him with assault on a police officer evading and some other charges and they have 10 counts of identity theft against me when originally they have fraud charges on my boyfriend and a possession of drugs against me. I understand that they had found some paper work inside the vehicle with unknown people’s information on it that did not belong to me and my boyfriend made it clear it was his. when my boyfriend went to court he told his PD that he would take the deal that they offered him if they would drop charges on me since I didn’t have anything to do with it they wouldn’t allow him to do that and his PD said that it wasn’t the right time to bring that up they would have to wait until trail starts. My boyfriend is now about to start trail and I don’t know what to do I honestly had nothing to do with whatever they found but also they never had any sort of reason to harass us or search the vehicle in the first place. The same situation also happened in Glendale which they also re-filed and are trying to charge me with identity theft for the same reason paperwork they found when honestly it was all my "stupid boyfriend" because he would drop me off at work and take the car everyday all day. Both cases were illegal search & seizure but you know without a lawyer I feel like I am in a really bad situation. I need advice what to do I will not go to jail for something I didn’t do or was involved in I will literally kill myself. I am so scared and this whole situation has put me into depression and has even made me attempt hurting myself. I was in jail for 2 ½ years and it was the worst time of my life I had a newborn baby who was 2 months when I went to jail and passed away 4 months later I lost everything during this not only my child but also the relationship with my kids and trust me after I got out I learned my lesson that’s why I got a job and tried to do what I thought was right and look at the situation I’m I don’t have a lot of money for a lawyer I can work out a deal with payments but I just need help please.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
First off your boyfriend's PD should have filed a motion to suppress the evidence and challenge the search because if they searched that car without warrant or consent, the search was invalid and any evidence found as a result would have to be thrown out.
Second, you are entitled to a free attorney if you cannot afford one and because he has a PD, the court would have to appoint another attorney to you to represent you, because one PD should not be representing you. So, you need to go to court and demand appointment of a new attorney based on you not being able to afford one and you have to challenge that they have zero connection between you and items found in the car. The car was not in your name and you did not give consent to search.
So you have a defense here, but you need to get a separate attorney and have one appointed by the court if you cannot afford one, so you can get the proper motions filed and get this case moving.
Customer: replied 1 year ago.
I know that i have to do all that but in order for me to do that i would have to turn myself in and i cant go to jail im literally have shut down and been in the worst state of depression i absolutely hate my life right now i feel like i am helpless and powerless. i cant trust this whole justice system and the police task force these days have no kind of "protect & serve" they are so corrupt and make stuff up all the time if i had money trust me i would start a organization against the unfair justice system because i thought that you innocent until proven guilty but these day your guilty until proven innocence. do you think its possible if i find a lawyer that is willing to work with me with payments that they could just go to court for me because i dont trust the cops and i am scared to death of going to jail just thinking about it makes me want to just curl in a ball and go to sleep and never wake up im serious i had nothing to do with any of this i need help.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Running is not going to solve the problem though. So while you may have to turn yourself in, you have no choice if you want to resolve this matter.
It is possible that you can find an attorney to negotiate with you on price, but even negotiating on price or not, you need to get this done and you need to attack it in court head on, even though I know you are afraid of what is happening here.
Customer: replied 1 year ago.
why inst it as simple as my boyfriend just taking responsibility for what is all his and let him plea guilty and move on and if i am guilty of something i will admit i was in possession of drugs and when they asked me if i had anything on me i was honest and handed them the drugs that i will admit but for them to try and accuse me of something i had no part of and trying to ruin my life is so wrong in so many ways i know i made mistakes in the past and i paid the consequences for that but i learned my lesson they cant use my past against me on this situation. i was working everyday at the beach as a cook from 6 am to almost 9 pm everyday i had a brand new car i was actually trying to live right and have something for myself and this whole situation literally crashed my dreams and my future.
Customer: replied 1 year ago.
but they will make me go to jail and i cant i had such a horrible experience when i was there i cant do it to myself or my family it was bad enough i lost my 6 month old lil boy and i cant imagine me going to jail and something happening to another one of my kids because i wasn't there to protect them i will honestly kill myself i hate this justice system its so unfair and corrupt i dont trust any of them i have seen and had to many bad experiences with them to even think they will help me when i know and i am sure they know i am innocent
Customer: replied 1 year ago.
when i first went to see a lawyer i mean he was up there well known and all he even said that it was as simple as a phone call to the da but i didnt have $25,000 to give like that and i am sure thats all it takes its not what you know its who you know and do you think thats fair
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It is not as simple as your boyfriend owning up to it on his own as long as you are not showing up. You avoiding court makes it look to the prosecutor and judge like you are guilty.
I cannot tell you that you need to continue evading the court, that would be unethical on my part. So you need to show up since you cannot afford the expensive defense attorney and you need to get an attorney appointed to you and the case can be resolved without you being convicted, based on what you described, but you have to take the steps towards resolution yourself I am afraid, as his PD is not there to represent you or your interests.