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I was recently at hawaiian gardens gambling with my girls…

Customer Question
Hello i was recently...

Hello i was recently at hawaiian gardens gambling with my girls car, and as i exited the casino the security guards detained me because i matched the description of using fake counterfiet money and they were looking to see if i had any counterfiets which i did not. i had 1600 dollars in cash with me and in the car when they searched it, they found schedule 2 controlled substances with bags and a scale and on the side of the car i had an envelope of 10k in cash as well. All were seized and i'm not sure what to do

Lawyer's Assistant: In what state did this occur?

California

Lawyer's Assistant: Have you talked to a lawyer yet?

Yes i have, but i'm in the process of getting my money to get one because its all tied up The money was gambling money and i was in the vincinity of the casino as well. But now that car which belongs to my lady, is being held for investigations and she hasnt got her car back in a week

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was coerced to sign a statement that i possesed the drugs and i had the intent to sell or he would charge me maximum penalty, by saying i was dealing inside of the casino which isnt true

Submitted: 7 months ago.Category: Criminal Law
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Answered in 2 minutes by:
11/9/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 30,932
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified

Hi,

I'm Zoey.

I've reviewed your post. Did you give them permission to search your car? Have you been charged with possession of drugs and drug paraphernalia? Do you have a court date?

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Did you give them permission to search your car? Have you been charged with possession of drugs and drug paraphernalia? Do you have a court date?

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Customer reply replied 7 months ago
No i did not. I was charged with possesion and intent to sell, my court date is end of this month because i got bailed out
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

I'm sorry for the delay. I had to take a phone call on another matter. Please give me a few minutes to type a full response to you.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Right now the property that was confiscated from you is being held as evidence of your intent to sell. This is a felony charge, as I'm sure you already know.

You're going to need a criminal defense attorney who knows his or her way around drug cases. If you're not interested in any kind of a plea bargain but want to fight the case, you will get an opportunity to challenge the search of your car and the seizure of the contraband and money at a special pre-trial suppression hearing.

In order to search your vehicle, the police need probable cause and either a warrant or an exception to the warrant requirement. They would appear to have had probable cause, which is just a reasonable belief that you might have committed a crime, in that you matched a description of someone passing counterfeit money. They can look at your car and if contraband is in plain view, they can get that. But they cannot search the car without a warrant unless you give them permission.

Search and seizure issues are never black and white, however. The US Supreme Court has ruled that all fourth amendment challenges of an illegal search and seizure must be litigated on a case-by-case basis at suppression hearings.

At such a hearing, the judge will hear the police witnesses and your lawyer will be able to cross-examine them. The standard that the judge must use to decide the hearing was also established by the US Supreme Court. It is what is reasonable for police to do under all of the facts and circumstances. So when the DA puts on his witnesses, he will ask questions and try to elicit answers to show that everything the police did was reasonable under the circumstances. Your lawyer, in turn, would try to make their actions look UNreasonable.

After all of the evidence is in, the judge would decide if your rights were violated. If they were, the evidence would be suppressed and in a case like this, the charges would have to be dismissed. At the same hearing, you would also be able to challenge your confession as having been coerced.

You're probably not going to be able to get the money back at this time. That's because the prosecutor is claiming it's evidence that you're selling. You'd be entitled to it if you beat the charges. If the car belongs to your girlfriend, however, and she's the innocent owner of a car in which contraband was found, she can go to the prosecutor in charge of the case with proof of her ownership and if the prosecutor does not need the car for trial purposes, he or she can release the car to your girlfriend. She would have to establish to the prosecutor's satisfaction that although she let you use the car, you did not have permission to do so to engage in illegal activity. So she may want a lawyer to contact the DA for her on this matter if she's concerned about incriminating herself in any way.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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