Clovis, CA Criminal Defense Law Firms & Lawyers

Let's see: you were found in possession of items belonging to someone else, and your wife reported you as the thief. Yeah, you should be worried. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? A little free advice if not too late: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. You said you had one, but apparently were not told, or ignored the advice, to SHUT UP. While this isn't a 'capital case', it certainly carries potential jail, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

If she never told you to stop contacting her, then you are probably ok; however, if she told you and you continued to contact her against her wishes (even calling her and not saying anything, or calling and hanging up), that is harassment. Ignoring the police is not going to make this go away. I would suggest retaining an attorney to work with you and perhaps he/she may be able to help with a resolution short of court an charges. Either way: stop reaching out to this person. She obviously considers the relationship over.

At trial, if the police officer is the witness to driving and drinking, then yes. If this is made out by others, then it will not matter if the police officer is in Court at trial. It is not necessary for witnesses to appear in Court for a Pre-Trial.