San Jose, CA asked in Constitutional Law, Criminal Law and Federal Crimes for California
My son, a few of his classmates, and his art teacher were arrested because cops believe we fabricated photos that were used in a criminal case.
My son's girlfriend was arrested for disorderly conduct and trespassing by a former security guard at his school. The guard claim blames her for causing his marriage to fall apart. The guard was the stepfather of his girlfriend's best friend who moved away to Seattle 5 years ago and came back to attend school here. The police claimed girl and the family had no history, but family photos disproved that claim. She was found not guilty.
First they claim the girl in the photos is a different girl but they were unable to back that up. Now they claim they fabricated the photos despite witnesses backup the photos' story and they had no art expert to back up the police's new claim.
Can they arrest my son based on speculation? They only thing they have is the teacher's background in art and photography.
Related Topics:
Constitutional LawCriminal LawFederal Crimes
2LawyerAnswers
Dale S. Gribow
Answered
- Criminal Law Lawyer
- Palm Desert, CA
- Licensed inCalifornia
- (760) 837-7500
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A:More info is needed to properly evaluate your case.
this sounds like a serious case that needs a good criminal lawyer to go over all the facts.
What you are asking is akin to calling a doctor and asking over the phone to diagnose the pain in your stomach.
They need more than speculation. They need proof beyond a reasonable doubt.
It is one thing to arrest and another to convict.
However, it is always a good idea to contact a local attorney that handles these cases in the courthouse to which you are ordered to appear.
In other words, I am in Palm Springs and you don’t want to hire a Palm Springs lawyer for an Orange Co case.
Most criminal and accident lawyers will offer a free consultation to review the facts.
Call a local attorney to discuss this matter in more detail and request an appointment.
Don't discuss your matter on a platform like this as what you say can be used against you.
If you need help finding a good lawyer, please contact me at 760 8377500 or [email protected] for names of lawyers in your area.
Good Luck
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Marc David Pelta
Answered
- Criminal Law Lawyer
- San Francisco, CA
- Licensed inCalifornia
- (415) 963-1152
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A:The facts you shared do raise some important legal issues and rights. The short answer is no, they need probable cause. And that is often described by some California and Federal courts as being more than a hunch or similar to a strong suspicion, which is clearly subjective. This is why I, an experienced criminal defense attorney, cannot answer this completely online because more information is needed.
If you would like to consider hiring an experienced private criminal defense attorney -- which always has its benefits because public defenders (if you get one) are overworked and not able to give clients the kind of attention a private attorney can -- then please go ahead and make the appointment to get your question answer correctly.
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