charged with 148 pc but they thought i was high so they arrested me and booked me

[grishid]

I live in USA California LA and was arrested in Oxnard, CA since i visited there my friend.

Hello, my name is Greg and I am arrested just because they thought i was under the influence of a control substance which i was a passenger and the driver never even had a ticket since the reason of the stop was tinted windows but the car had no tints and they stated the car was dirty they thought it is... so one of the cop started harrasing me since he thought i might be high or under the influence of substance. They took me in since i did not close my eyes and the cop was keep asking me to close my eyes. Later that day i gave urine examination and came out clean. later same day they released me and charged me with 148 pc. my court date is on june 4th and they filed the case... how can i dismiss this stupid case without going to trail and i do not have money for private lawyer...

 

[The Occultist]

Were you high when you wrote your post?

 

[StevenJ_420Law]

Have you tried a motion to dismiss because you really didnt do it?

 

[CdwJava]

Hello, my name is Greg and I am arrested just because they thought i was under the influence of a control substance which i was a passenger and the driver never even had a ticket since the reason of the stop was tinted windows but the car had no tints and they stated the car was dirty they thought it is... so one of the cop started harrasing me since he thought i might be high or under the influence of substance. They took me in since i did not close my eyes and the cop was keep asking me to close my eyes. Later that day i gave urine examination and came out clean. later same day they released me and charged me with 148 pc. my court date is on june 4th and they filed the case... how can i dismiss this stupid case without going to trail and i do not have money for private lawyer...

If you are indigent and have no assets or sufficient income, then an attorney can be appointed to represent you.

I am surprised they got test results on a urine test so quickly - we have to send it to the lab and that takes two to six weeks depending in how backed up they are.

As for the 148, if the police report cannot sufficiently articulate the elements of the crime, the DA will probably not file and when you appear for your arraignment the matter might be dropped.

However, as 148 is the charge for resisting, obstructing, or delaying an officer, I suspect the officer's account of your actions will be a little more involved then simply suspecting you were under the influence of something and tested negative.

 

[grishid]

The DA already have filed the case that's the thing i was hoping for them not to since it was an unlawful arrest. However, i have not seen the police report and they will not release it to me. The police might have added more stuff or write something else that was not even the case. They charged me 148 at the police station and never told me why he was arresting me for. I believe the officer charged me 148 since he had nothing else and after being stupid just because I came out clean and he could find no other illegal stuff no matter how much he tried. I believe to show the supervisor or watch commander that he actually got me for something ...

And whoever was asking me if i was high when i posted this post....
NO. I was not high when i post this posts i was trying to make it short sorry for any grammatical errors but you on the other hand don't have to be smart ass.

Thanks for the respond! I would like to know will there be a possibility to dismissal when the judge sees the case or if my public defender talks to the DA...

 

[grishid]

Have you tried a motion to dismiss because you really didnt do it?

What you mean? Are you trying to mock or what since I stated my arraignment is on the June 4th ...

 

[CdwJava]

The DA already have filed the case that's the thing i was hoping for them not to since it was an unlawful arrest.

What makes you think it was "an unlawful arrest?"

You realize, of course, that the burden of proof necessary for an arrest is not that high. It requires ONLY that the officer articulate probable cause to believe that a crime has been committed and that the person arrested committed the crime. Even if he is incorrect about you being under the influence, if his articulated observations would lead a reasonable officer of similar experience and training to believe you were under the influence, the arrest would be good. Since we do not know what the officer has to say, we do not know if he was able to articulate this or not.

However, i have not seen the police report and they will not release it to me.

Your attorney can get this.

They charged me 148 at the police station and never told me why he was arresting me for.

Apparently you were told you were arrested for PC 148. That is the legal requirement. the officer does not need to debate you on the merits of his observations.

I believe the officer charged me 148 since he had nothing else and after being stupid just because I came out clean and he could find no other illegal stuff no matter how much he tried.

If so, then he should have just released pursuant to PC 849(b) as that would have been perfectly lawful and okay. Making stuff up is a crime. I seriously doubt he would risk jail just to avoid a release from detention. But, occasionally an officer gets stupid.

Thanks for the respond! I would like to know will there be a possibility to dismissal when the judge sees the case or if my public defender talks to the DA...

The judge will not dismiss it out of hand. As you have been arraigned, it would seem that the DA feels there is enough to proceed on.

If you obtain legal counsel (retained or a public defender) he or she can obtain the report and talk to the DA. if the case is weak, maybe he or she can convince the DA to drop the matter. If not, then maybe they can work out a plea deal you will accept. On the other hand, you can take it to trial if you do not like the deal.

 

[grishid]

Just because I have been arrested for 148 does not mean I am guilty. When u mentioning that he only needs prabable cause to arrest me that's the thing he did not. Just because the officer thought my eyes are weird does not give permission for him to arrest me and start investigating or do a test and it is my right to refuse any test he gives on the field..... If he was correct I would have not come out clean, just because both cops had no reason to stop the car, they tried to cover and cover whole harrasment and all with a simple 148. I am not sure if he might be lying on the police report or in court because if he does I know it's fabrication of evidence but he might ... I don't trust him....

It will take a long writing if i tell you the whole story what happened... but my question here is do you think if the judge sees the case and see there might not enough evidence or see the police report he might dismiss? and just because the DA filed does not mean he does have evidence and the officer is right... THe DA is only doing his job and im sure he is against me and not the officers.

 

[CdwJava]

Just because I have been arrested for 148 does not mean I am guilty.

Of course not. But not being guilty does not mean that the arrest was in any way improper, either.

When u mentioning that he only needs prabable cause to arrest me that's the thing he did not.

In your opinion. However, the officer and his companions may have a little different take on your actions.

Just because the officer thought my eyes are weird does not give permission for him to arrest me and start investigating or do a test and it is my right to refuse any test he gives on the field..... If he was correct I would have not come out clean,

Depending on the test, there are a number of reasons you could have been using a controlled substance and come out "clean." Since they got an immediate result, I suspect they used a presumptive which is a very poor test and only screens for a single substance or a small panel of substances.

just because both cops had no reason to stop the car, they tried to cover and cover whole harrasment and all with a simple 148. I am not sure if he might be lying on the police report or in court because if he does I know it's fabrication of evidence but he might ... I don't trust him....

If it goes to court, the state will have to show that there was probable cause to make the arrest and that you are guilty of the offense. If the case is that weak, the DA may decide not to file. Even then, do not read to much into THAT because the DA may choose to drop a case for a number of reasons - including the belief that the matter is a bad arrest as well as for any one of a number of other reasons.

It will take a long writing if i tell you the whole story what happened... but my question here is do you think if the judge sees the case and see there might not enough evidence or see the police report he might dismiss?

No, the JUDGE will not read the report and dismiss the case. In fact, he cannot do that.

Your attorney can make a motion to drop the matter for lack of probable cause, but the judge is more likely to allow it to go before a jury if it is even arguable (and assuming the DA wants to go to trial).

and just because the DA filed does not mean he does have evidence and the officer is right... THe DA is only doing his job and im sure he is against me and not the officers.

The DA has a legal and ethical duty to pursue only those cases where he reasonably believes the crime has been committed and the person arrested has committed the offense. Further, he must prove at trial beyond a REASONABLE doubt that the subject tried has convicted the crime. if the DA does not feel he can do this, he will not take the case to trial. he may have filed, but that might be to try and compel a plea deal. What YOU need to do is speak to your attorney and get his or her take on the strength of the state's case and your options.

 

[grishid]

Of course not. But not being guilty does not mean that the arrest was in any way improper, either.


In your opinion. However, the officer and his companions may have a little different take on your actions.


Depending on the test, there are a number of reasons you could have been using a controlled substance and come out "clean." Since they got an immediate result, I suspect they used a presumptive which is a very poor test and only screens for a single substance or a small panel of substances.


If it goes to court, the state will have to show that there was probable cause to make the arrest and that you are guilty of the offense. If the case is that weak, the DA may decide not to file. Even then, do not read to much into THAT because the DA may choose to drop a case for a number of reasons - including the belief that the matter is a bad arrest as well as for any one of a number of other reasons.


No, the JUDGE will not read the report and dismiss the case. In fact, he cannot do that.

Your attorney can make a motion to drop the matter for lack of probable cause, but the judge is more likely to allow it to go before a jury if it is even arguable (and assuming the DA wants to go to trial).


The DA has a legal and ethical duty to pursue only those cases where he reasonably believes the crime has been committed and the person arrested has committed the offense. Further, he must prove at trial beyond a REASONABLE doubt that the subject tried has convicted the crime. if the DA does not feel he can do this, he will not take the case to trial. he may have filed, but that might be to try and compel a plea deal. What YOU need to do is speak to your attorney and get his or her take on the strength of the state's case and your options.

I told you i never did drugs in my life man if i did something wrong once again i wouldn't have asked this i would just say u know what i ****ed up and had to suffer the consequences... I am willing to give hair test ... not only that I got charged for 148 pc .. but ok anyway i get it...

again and again and again like i said i dont wanna pay for an attortney but **** it and make the cop look stupid if we go trial in front of all the people...

 

[CdwJava]

Once again, an arrest is based upon probable cause to believe a crime occurred and the person arrested committed the crime - it does NOT require absolute proof and can, in fact, be shown to have been a flawed presumption after the fact. Why they later charged you for 148, I can't say. My presumption is that you acted in some way that will enable them to articulate that you resisted or delayed them in some way. Whether they have appropriately applied the section, who knows?

So, if you wish to fight the charges, you hire an attorney. If the DA feels the case is strong enough, you will go to trial. If the DA feels the case is flawed, he will drop the matter.

 

[grishid]

Ok thank you.

 

[CdwJava]

As a caveat based upon your other thread, it is NOT a violation of PC 148 to fail to provide identification if you are only detained. Upon arrest (custodial or via or citation) you would be required to do so, but not a detention.

 

[grishid]

Can I represent myself or with a public defender and later if i go to trial can I hire a private attorney? Do you think public defender will do a good job?

 

[CdwJava]

Can I represent myself or with a public defender and later if i go to trial can I hire a private attorney? Do you think public defender will do a good job?

It is always a bad idea to represent yourself. The court will not grant you much leeway and you will expect to know what you are doing in court, and how to make proper motions and comport yourself during a trial.

A public defender might encourage a plea deal whereas as private attorney - who will bill you by the hour - might decide to try any and all Hail Mary efforts to derail the prosecution. On the other hand, if the state's case seems strong enough, even a private attorney will likely encourage you to take a plea.

Plus, if you can afford a private attorney, you likely will not qualify for a public defender.