Legal Question in Criminal Law in California

My daughter borrowed a bag from me which was her father's (he is a martial artist/black belt in Kali). The ex-husband loaned me his bag with his laptop and that was the bag that she used and did not check a hidden pocket. Needless to say, she went through TSA and was arrested for possession. She has no priors and never saw the item or touched them (none of her prints should be on the item). The father (a Chiro) is worried about his reputation and decides not to help her and admit that it is his item (per his Lawyer friend). What can we do? Her arraignment is this Friday...we have no Public Def yet assigned and she's going in afraid because the arrest was with a felony charge (she did not know it was there in the bag and had no intent of bringing anything of that sort on her..she is a student). Please advise. Thank you


Asked on 8/22/12, 10:21 am

3 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

You don't actually say what she possessed, but no matter what it is, she has a number of defenses that may apply, and she should consider hiring a private criminal lawyer. If she (or her parents) can't afford one, then a public defender will be available to her at the time of her first court appearance, but not sooner. If you would to discuss this with me, don't hesitate to call. Good luck. Steve Mandell 310 393 0639

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Answered on 8/22/12, 10:51 am
Edward Hoffman Law Offices of Edward A. Hoffman

Regardless of what the "item" was (Drugs? A weapon? Something else?), your daughter needs a lawyer ASAP. If you can afford a private attorney, get one for her. This is the rainy day you've been saving for. If you can't, she should get a public defender. PDs are generally very good lawyers, but they are overworked and usually can't give their clients enough time.

Good luck.

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Answered on 8/22/12, 11:08 am
Zadik Shapiro Law Offices of C. Zadik Shapiro

Assuming she is not in custody she should not worry too much about the arraignment. At the arraignment she will be given a chance to apply for the Public Defender. Alternatively if she wants she will be given time to get a private attorney. If she has an attorney with her she will enter a not guilty plea. She will be given the choice of waiving time or not waiving time. Her attorney will advise her on this issue. Future court dates will be set and she will have a chance to either get an attorney or talk to her attorney before the next court date. If she is in custody she will want to have an attorney present in the courtroom to argue for her release on her own recognizance.

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Answered on 8/22/12, 6:16 pm


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