Legal Question in Criminal Law in California

I was charged with possession of illegal drugs and under the influence. A friend was with me and was charged with under the influence and possesion of a hypodermic syringe, the drugs were my friends, but blamed me for the drugs , which were found in the car. I mistakenly went to court 2 days early and found from the clerk that the DA had not filed a case and that the drug results were not in yet. According to my friend the clerk told him that he was going to recieve a new court date in the mail, but our is on thursday 12-8-2011. What will happen if he does not show, I have not told them that our court date is on thursday. (a speedy trial and do prossess of law) or something like that. How does this play into this case? What will haqppen? What should I do?

Asked on 12/06/11, 6:30 pm

4 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

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The first appearance is the arraignment, where you hear the charges against you, and enter a plea of guilty or not guilty. I would contact an attorney and get advise before the arraignment. If you can't find one you trust, I offer you a free telephonic consultation. You may contact me at 661-267-1313 and I can answer your questions. You may want to write down questions you may have tonight, so that tomorrow you won't forget any questions. I look forward to helping you...................... David Wallin

Answered on 12/06/11, 6:58 pm

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Zadik Shapiro Law Offices of C. Zadik Shapiro

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The important thing is to go to court when you are scheduled. It is not unusual for the DA to file charges on the morning of the day you are scheduled. It is also not unusual for you to be told that no charges are filed and to come back on a particular day or that the DA will send you a notice telling you when to come back. But go when you are told. Otherwise a bench warrant might be issued and you might be arrested.

If you can afford an attorney you can bring the attorney with you. If you do not have an attorney and charges are filed the court will give you time to get an attorney. Be sure to ask for time. If you cannot afford an attorney and charges are filed the court will appoint an attorney to represent you. You and your friend will get separate attorneys. This guarantees that you will get an attorney that will look out for your interests and not those of your friend.

Answered on 12/06/11, 11:16 pm

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