Legal Question in Criminal Law in California

control substance

my boyfriend got arrested 2/10, he was stopped while walking, supposably the cop seen him throw a pipe, cop searched him dint find anything on him, cop arrested him and for possesion and under the influence, they never drugged test him, and the pipe wasnt his. they are trying to sentence him foir 36 months with 80%, mu question is can he fight this? he's on probation his p.o even doesnt know why hes been there so long he gave a good report on him. my other question is are they doing this because of the strike he has? his court date is on the 30th so can you please give me any advice?


Asked on 4/24/07, 7:27 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: control substance

Can he fight it? Sure, that's what attorney do, with facts and evidence and witnesses. Sounds like he's already pretty far into the process. He'd better get good counsel soon. Feel free to contact me if interested in doing so.

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Answered on 4/25/07, 1:32 pm
Peter Berlin Law Offices of Peter Berlin, A Prof. Corp.

Re: control substance

He can certainly fight it and he should get counsel as soon as he can. More detailed facts on his matter are needed to discuss it in a meaningful way. I suspect he was in violation of his probation in any event and it doesnt quite matter if the paraphanelia is his or not as long as it was in his possession. He may also have been in a known drug areas which violates the terms of his probation.

A good probation report helps, but is not really determinitive.

Contact my office for a consultation.

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Answered on 4/24/07, 7:37 pm
Joshua Hale Hale Law Group

Re: control substance

Your boyfriend needs an attorney immediately. He may have a valid defense if there is no evidence, and there was no probable cause for the stop.

He can and he should fight this issue with an attorney.

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Answered on 4/24/07, 11:37 pm


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