Legal Question in Criminal Law in California

And - with your professional license... you probably want to seek the advice of a competent licensing attorney. You're going to have issues with the BRN. If you need a referral to one in the LA area, let me know.

It's not really a call for the judge. First, your friend would be admitting to a felony, so before they testified under oath that they possessed the drugs, the judge would probably appoint an attorney to advise your friend of their rights.

Would their taking the blame automatically equal a dismissal for you? Not necessarily. It might, but two people can possess the same thing at the same time. The other issue is that they have to prove that you were knowingly in possession of the drugs. If you didn't know they were there, you may have a defense that way.

However, you being under the influence could work against the "I didn't know the drugs were there" argument.

Bottom line: You're absolutely going to need a good, local criminal defense attorney to work their way through this one. Look for somebody who routinely practices in the court where your case will be heard.

The judge has no authority to dismiss the case. Only the prosecutor can do that. Besides, even if your friend does say under oath that the drugs were hers, no one would be required to believe her. Deciding which version of events to believe is what trials are for.

And don't be too sure your friend will take responsibility for the drugs. That would be admitting to a crime. She has powerful incentives not to do that. The court probably wouldn't let her do it without first consulting a lawyer or knowingly waiving her right to do so.

You need to consult with a lawyer too, and fast. Your residency and your license are at stake. Get someone to defend you who knows as much about the law and the procedures as the prosecutor does.

Good luck.

Actually the judge can dismiss the case. But the motion is usually made by the prosecutor, and is in the judge's discretion. Under California law, the prosecutor can even move to dismiss the charges, and the judge refuse. (This is what happened in the Hillside Strangler case in Los Angeles, years ago.)

I've never seen someone come into court and admit that drugs that a defendant was charged with were actually theres. You also have the problem that they were in your car, which is sufficient to satisfy the element of custody and control for a possession charge. In that situation, it does not matter who claims they actually owned the drugs.

You need a good criminal defense attorney, and I agree with Mr. Dane that you need a licensing attorney, because you may lose your license as an RN.