Legal Question in Criminal Law in California
Drug charge and false id
My son was arrested on drug poss, controlled substance and using a false name. I was told they are both felonies what are we looking at as far as time. He has a good job and a family here. What can we do to help him
Thank you
3 Answers from Attorneys
Re: Drug charge and false id
It's not possible to predict what penalties he's looking at without a great deal more information. Indeed, tho he may have been arrested for felonies, it may be that the prosecutor charges them as misdemeanors. The absolute best thing you can do for him is to have him consult with a criminal lawyer in his area. Most criminal lawyers give free consultations. If the matter is in LA, he's welcome to call me for a free consultation. My telephone is (310) 393-0639. Good luck.
Re: Drug charge and false id
Without knowing the exact charges against your son a prediction is impossible, however using a false name is a misdemeanor!!
I would consult with an attorney.
For a free telephone consultation in the Southern California area give me a call at 818-998-1584
Re: Drug charge and false id
I'm only going to add to what Steve M. and Norm F. have previously told you. If it's a very small amout of drugs he is divertable under P. C. 1000, which is a drug counseling program. After the counseling the charges are dropped. The D. A. can advise him on this the first time he speaks to the D. A. An attorny can also advise him on his eligibility for P. C. 1000. The D. A. may want some county jail time for giving a false identity. Possibly 10 to 30 days in the county. He might be able to do this on weekends (clean the parks), or qualify for work release and sleep in the jail at night but go to work.
If he wants to he can go in for the arraignment by himself, enter a not guilty plea, and set a pretrial date. After the pretrial (settlement conference) with the D. A. he can continue the Pretrial and consult with an attorney. If he's unemployed he can request the Public Defender to represent him. If he's supporting a family save your money until you see what the D. A. is asking for. Remember it may be a very defensable case, and at some time you should have a competent attorney look at the police report and evaluate the evidence. Then give you advise on whether the matter should be tested by bringing a motion and/or setting the matter for a trial.
Lots of luck
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