Legal Question in Criminal Law in California

My boyfriend, John, was arrested a few days ago (here in Sacramento, CA) for attempting to fill a 'forged' prescription of Oxycodone. They also searched the vehicle he was driving and found a little baggy of crystal meth and a glass pipe. John has 1 previous felony (out of a different county in California...Marin County) for Assault with Serious Bodily Injury, but has no prior drug related convictions. Currently, they are charging John with 3 felonies and 1 misdemeanor. Felony forgery of a prescription, felony receival of stolen property, felony posession of a dangerous controlled substance and misdemeanor posession of drug paraphenalia.

John has court on December 29th, and we were just wondering what to expect. I bailed him out of jail (bail was set at $20,000) as soon as I was able, so doesn't that mean he won't have to go to jail for a full year? I'm assuming the judge won't have enough time to hear both sides of the case and reach a decision, correct? Should we expect this process to last awhile...at least a few months? Does it sound like a case that might go to trial?

Furthermore, I was present when he was arrested (and he was driving my car). There was a notebook found in my vehicle with names of individuals, pharmacy names, dates prescriptions were filled, locations of pharmacies, etc. The police officer asked me if that was my handwriting, I told him no. He asked me a few more times using different words (trying to 'trip me up') and I said no. He told me to be prepared to come down to the station for a Handwritig Analysis. Obviously there are only 2 possibilities; either they find that it is my handwriting or it is not, What would the sentencing be for something of that nature?

I'm sorry to be so 'lengthy', but I wanted you to have as much information as possible! Thank you in advance for taking the time to read my question (and hopefully answer it!)

Happy Holidays

Christina


Asked on 12/24/11, 12:10 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Don't talk to cops unless you like jail. Saying "No, that's not my handwriting" could send you to jail just as surely as saying "Yes, it is." Every word that passes your lips is evidence against you. You need to learn to say nothing at all except "Officer, I have nothing to say to you without an attorney present.". Do not consent to searches. Do not volunteer a handwriting sample and do not go to the police station. The judge is not going to hear "both sides of the case" unless loser-boyfriend hires a lawyer. Theoretically he is entitled to a public defender, but you get what you pay for and the many questions we see on LawGuru indicate that public defenders often don't do much except pressure defendants into possibly ill-advised guilty pleas. If indeed you were helping loser-boyfriend scam prescriptions, it's you who needs to hire a lawyer. Get the phone number of a lawyer before they arrest you, which seems very possible from what you've said.

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Answered on 12/24/11, 1:35 pm
Robert Marshall Law Office of Robert L, Marshall

Your lengthy post contains too much identifiable information to disclose on a public site like LawGuru, where it can be read by cops and prosecutors. (I know they read sites like this because I've had prosecutors check me out by reading my internet posts prior to major trials.) Anyone familiar with this case would immediately recognize your identify from the details you've posted.

You should immediately contract LawGuru customer service and ask them to remove your post. (There's an option for LawGuru attorneys to delete a post and send a private email to the poster, letting them know why it was deleted; unfortunately, that only works before somebody has posted an answer, and the non-answer above prevents me from protecting you.)

I also wonder about anyone who perpetuates this kind of public defender-bashing, especially when there's nothing in your question on the subject. Lawyers, both court-appointed and privately retained, vary widely in ability; many of the best attorneys in California are public defenders, and there are many private lawyers who take big bucks for a shoddy defense. Here's what the California Court of Appeal has to say on the subject:

"It is an odd phenomenon familiar to all trial judges who handle arraignment calendars that some criminal defendants have a deep distrust for the public defender. This erupts from time to time in savage abuse to these long-suffering but dedicated lawyers. It is almost a truism that a criminal defendant would rather have the most inept private counsel than the most skilled and capable public defender. Often the arraigning judge appoints the public defender only to watch in silent horror as the defendant's family, having hocked the family jewels, hire a lawyer for him, sometimes a marginal misfit who is allowed to represent him only because of some ghastly mistake on the part of the Bar Examiners..."

(People v. Huffman (1977) 71 Cal.App.3d 63, 70 [139 Cal. Rptr. 264],fn.2.)

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Answered on 12/24/11, 7:07 pm


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