HELP!! how do i get out of this?

[Shakemaster701]

California citation - posession of paraphenalia
i have court tomorrow and i need to know if theres a way out of this.

my boyfriend and i were sitting at a park & ride in my car. his car was the only other one in the parking lot - cop pulls up. he had NO REASON TO STOP but asks for ID and runs us. my boyfriend came back with a warrant. cop searches him, searches me and finds a meth pipe. He did let us go with citations BUT they have the wrong location in two places. is there a loophole???

 

[jimnyc]

my boyfriend and i were sitting at a park & ride in my car. his car was the only other one in the parking lot

he had NO REASON TO STOP but asks for ID and runs us.

I'm assuming just sitting in a car at a park & ride, with another empty car sitting beside yours, he had every reason to stop and inquire as to why you were hanging out there.

No offense intended, but why in the world would you be loitering in a public place knowing you have drugs and/or paraphanelia on you?

 

[Shakemaster701]

good question

i was dropping my boyfriend off at his car because we had only taken mine when we went out for the evening. can i get out of it on the mistake with the ticket?

 

[jimnyc]

i was dropping my boyfriend off at his car because we had only taken mine when we went out for the evening. can i get out of it on the mistake with the ticket?

Honestly, I'm not a lawyer so I prefer not to take a shot at answering that for you. There are many other qualified individuals on this board that will come along as the day progresses.

Before someone else asks, can you please explain further what you mean by "they have the wrong location in two places". The attorneys who review this board may need the specific info you speak of to make a determination.

 

[CdwJava]

California citation - posession of paraphenalia
i have court tomorrow and i need to know if theres a way out of this.

I assumed the citation is for H&S 11364?

my boyfriend and i were sitting at a park & ride in my car. his car was the only other one in the parking lot - cop pulls up. he had NO REASON TO STOP but asks for ID and runs us.

He didn't "stop" you - you were already stopped. He asked for ID, he did not demand it. It could have been what is termed a "consensual contact". On the other hand, if you were loitering there he may have had cause to detain you for suspicion of loitering or other activities. In any event, chances are the contact was perfectly lawful.

my boyfriend came back with a warrant.

Oops! Sucks when that happens, huh?

cop searches him, searches me and finds a meth pipe. He did let us go with citations BUT they have the wrong location in two places. is there a loophole???

Search incident to arrest is good ... searching you will depend on the justification articulated by the officer. You can hire an attorney or seek a public defender and see if there is a chance of challenging the search, but if you gave consent for him to search you, or the officer articulated good cause, you're out of luck.

As for the locations, you'll have to explain that a little better.

- Carl

 

[seniorjudge]

California citation - posession of paraphenalia
i have court tomorrow and i need to know if theres a way out of this.

my boyfriend and i were sitting at a park & ride in my car. his car was the only other one in the parking lot - cop pulls up. he had NO REASON TO STOP but asks for ID and runs us. my boyfriend came back with a warrant. cop searches him, searches me and finds a meth pipe. He did let us go with citations BUT they have the wrong location in two places. is there a loophole???

Q: is there a loophole???

A: No.

 

[Shakemaster701]

wrong location clarification

ok - yes, the citation is for posession of paraphenalia H+S 11364. there are two spots where the issuing officer wrote the wrong location.

as it appears on the citation ------


Executed on the date shown above at: Applegate
Location of offense: Applegate & I-80


this is wrong. We were at the Park & Ride off of I-80 at the MEADOW VISTA exit. Applegate is 2 miles east and at that exit, THERE IS NO PARK & RIDE. so... i don't know if something like this could possibly get my case dismissed?

also, does the cop have to show up?? or is that just for traffic court?


any help you could give me would be MUCH appreciated!!

 

[CdwJava]

I am not familiar with the policies in Placer County, but unless they charge this as an infraction (no jail time possible) then this will go to court and you will have to deal with a DA and a defense attorney.

An attorney might know how much mileage you can get out of the location difference. Provided both exits are in Placer County (and they are) the specific location may not be that big an issue as location is primarily used for jurisdiction. However, a good attorney might be able to make hay out of the issue.

On a personal note, has any of this made you reconsider your drug use?

- Carl

 

[garrula lingua]

There's probably an actual 'narrative' police report with the correct info. Your attorney will get that discovery at the Arraignment and Plea.
Citations often have incorrect info - it won't cause a dismissal.

Your loophole is that, you, probably, qualify for Deferred Entry of Judgment (plead guilty, do a drug program & test); if completed, the case will be dismissed without a conviction (Penal Code 1000 et seq)