Legal Question in Criminal Law in California

Dear Council,

I have a prescription for a narcotic due to an ailment. I have become dependent to this drug. On Thanksgiving evening I was withdrawing due to having run out of pills. I also happened to have run out of my Psych meds too boot. I took it upon myself to wright a prescription for the narcotic and handed to the pharmacist. After a minute or two I realized I was being an idiot and politely asked for the prescription back. The pharmacist assured me that she was just about complete with filling the order. I decided to walk away from the whole endeavor. As I was in my car ready to leave, I noticed a knock at the widow and it was the police. I was extremely polite and admitted what I was attempting to do. They thanked me for my honesty and charged me with 3 felonies, i.e. 2nd degree commercial burglary, forgery, and I do not recall the 3rd. I was placed in jail for 7 days awaiting court. At the arraignment, the judge said that they were only charging me with 1 count misdemeanor forgery. Apparently, the detective that I was polite to asked the D.A. to reduce the charges. He came to my house while I was incarcerated and searched my room where he found nothing incriminating. **Here is my question, being that I am on misdemeanor probation (15 days from completion of a 3yr term, D.U.I) in another county, will I be going to jail? I have a career and support both my elderly 'sick' parents whom will literally be evicted if I am incarcerated for even 30 days. What can I do to help my chances in the next 3 weeks until my court date? For the first time in my life I am unable to afford a private attorney or bail for that matter.

2nd question (if you have the time or interest?) I openly admitted to my probation officer in the other county that I was arrested so that he knew that I was not trying to deceive him. He drug tested me and I came up positive for opiates. I told him that I have a prescription and he incarcerated me and then recommended to have me OR's the next day. I was released and I faxed him my prescriptions for the last 6 months. Now I have court next month just after my other court date. Will I be going to jail on a probation violation due to A). testing positive for Opiates with a prescription? B). Will I go to jail for getting arrested in the other county while still on probation?

If I go to jail, I loose absolutely everything!!! Does the fact that I have been "good" i.e., not violated in 3 years of probation, holding down a career, taking care of my parents, etc carry any weight with whomever the judge is?

If you need money for the answers to these questions, I would have to go off the honor code and send a check. I have no money, yet I would borrow and stand true to my word. I am not a scum bag.


Asked on 12/15/10, 7:52 am

1 Answer from Attorneys
Joe Dane Law Office of Joe Dane

First - in any criminal case, if you cannot afford an attorney, the court is obligated to provide one for you. Unfortunately, you can't discuss this with the public defender until and unless they're appointed by the judge.

Since you're on probation, any new law violation could technically be a violation of your probation, subjecting you to possible additional punishment.

The good news is that you've been in contact with your PD and they've recommended releasing you. While I certainly can't guarantee it, a judge may well continue your OR status if you make your court appearances as directed.

The bottom line in all this is that you are going to need to be represented by an attorney to best protect you. You could be looking at felony forgery charges, among others.

If there is any way for you to raise the funds and hire an attorney before your court date, take your time and find a good one that you trust, but will also work with you on the fees and payments if necessary. Don't rush to hire the cheapest one, as unfortunately, you'll get what you paid for and be no better off than with a public defender. There may be things that after a full consultation and discussion of your situation your attorney may suggest in order to get you in the best possible position for a good outcome when you go to court.

Best of luck in the situation.

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Answered on 12/20/10, 11:04 am


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