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I booked a room at motel6. I went in the room and 15mins…

Customer Question
I booked a room...

I booked a room at motel6. I went in the room and 15mins police knocked on the door .He said do you know jeannie(my gf) she was arrest and he found some credit cards name's ******** in the car. which he believe used to commit fraud.

Lawyer's Assistant: What state is this in? And how old is the car?

California

Lawyer's Assistant: Has anything been filed or reported?

This is bot?

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

Whats the outcome of my case

Submitted: 4 months ago.Category: Criminal Law
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Answered in 2 hours by:
3/13/2018
Criminal Lawyer: James Daloisio, Lawyer replied 4 months ago
James Daloisio
Category: Criminal Law
Satisfied Customers: 737
Experience: 30 years experience in criminal law, continuing education.
Verified

Hi, my name is ***** ***** welcome to Just Answer.

So far, you've told me that you've done two things: you booked a motel room at the Motel 6, and you went inside the room.

Your girlfriend was arrested. Where was she arrested? Nearby? In the motel parking lot? Or somewhere else?

Credit cards were found "in the car." Who's car was it? Is it the one you drove to the motel, or was your girlfriend driving it somewhere else?

How did the police know that you were in that room?

You haven't indicated whether you were arrested or not; if so, were you charged by the DA?

The question is, how do the police connect you to the credit cards, the car, and your girlfriend's activities?

Your question, "whats the outcome of my case," cannot be answered without some more information.

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Customer reply replied 4 months ago
My girl drove me to motel 6 to get a room. When we get there she asked me to use the car to meet her friend. One of the cop pooled them over and found out one of them still on probation . So they searched my car but i wasnt there. Then they saw couple of 3-4 credit cards with my name embosssed on the cards. They asked for me thats why they went to motel 6 and get the room key in front desk. When they knock on the door and telling happened earlier .i opened the door I said i was sleeping and i dont feel good after that .
They got pissed and handcuffed me and throw in the back of his car. They put 3 fel and 2 mis total 51k bond. When i was in police station i told them it is my car and my girl friend doesnt know anything. Somehow they gave her small piece green paper saying not enough evidence and released her.
Criminal Lawyer: James Daloisio, Lawyer replied 4 months ago

OK, so assuming that the credit cards were not real, you got charged because the cards were in your name and in your car.

You were probably charged with Forgery under PC 484f, three cards, three counts. These charges require proof of "Intent to defraud."

But how did the police justify the search of the car in the first place?

You said "one of them still on probation." Which one? This is an important point. If you loaned the car to your girlfriend, and she was the driver, and she is the one who was on probation, then the police had the right to search the car that she has under her control. BUT if it was her friend that was on probation, the police may search that person, and her purse, backpack, etc., but not your car. So if the cards were not lying out there in plain view, you may have a chance at suppression. The most common probation search condition is known as "Four-Way" condition. It permits the police to search the probationer, her home, any vehicle under her control, and any other property under her control.

That's about the only thing I see that may help you. Of course, I don't know why the police stopped the car in the first place. There had to have been some justification for the stop. If not, there's one more argument you have.

The little green paper your girlfriend got is an "849(b) release." Here's the law:

Section 849(b)(1) of the California Penal Code (PC) states that a peace officer may release from custody, instead of taking such person before a magistrate, any person arrested without a warrant whenever:

(1) He or she is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested;

This will show up on her record as a "Detention Only," not an arrest.

Hope that answers your question. If so, please don't forget to rate this answer. You can always return here with follow up questions on this topic at no additional charge. Thank you for using Just Answer.

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