The Evidence Suppressed by a Judge can be Used Against You at a Probation Violation Hearing

Does that seem fair?

Imagine this scenario: The police violate your constitutional rights when you are arrested on a new drug charge. You hire the experienced Riverside criminal defense attorneys at Wallin and Klarich, and they file a motion to suppress the evidence against you pursuant to Penal Code Section 1538.5. Your lawyers argue that the police had no legal right to stop your car in the first place. Thus, the drugs they found in the car cannot be introduced at trial. The judge agrees with your lawyers and the new drug case is dismissed.

However, then what happens? The DA is so upset he files a probation violation against you because at the time of your arrest for the drug charge, you were on probation for a DUI you plead guilty to 2 years ago.

Your lawyers argue: “Wait a minute, the DA can’t use that evidence because it was already suppressed by another judge.”

The court of appeal in People vs. Lazo just ruled that the DA can use against you at your probation violation hearing the evidence that was once suppressed by another judge.

This ruling by the court of appeals is wrong. It means the cops can violate your constitutional rights, a judge can make such a finding, and you can still go to jail on a probation violation.

The criminal laws in our state are complicated. You need the experienced criminal defense attorneys at Wallin and Klarich fighting for you when you are facing jail time for a felony or misdemeanor offense. Please contact our office at (888)749-0034 or fill out our intake form. Our criminal defense attorneys in Riverside will be there for you when you call.