Legal Question in Criminal Law in California

Re: Drug Charges, please help...

I think you already know the right advice: If you don't know how to represent yourself effectively in court, hire an attorney that does. If you can't afford one, apply to the public defender at your first court appearance.

If the tests come back clean, the charges may be dropped. You could go by yourself to the first court date [the arraignment] to see if that happens. If not, then you'll have to get counsel before the next court date. If the charges are not dropped, you should ask the court at the first hearing to continue the hearing so you can get counsel. However, do not discuss the facts of the case with anyone, court or elsewhere, except your attorney. Exercise your right to remain silent. Feel free to contact me if you're serious about hiring counsel.

Re: Drug Charges, please help...

Unless you consented or you yourself were on probation.or parole, they had no right to test you, and they apparently didn't have probable cause to arrest you. But unfortunately you'll need a lawyer if you want to fight the charges, the public defender will only sell you a guilty plea that could kill your chances of ever working again.

Re: Drug Charges, please help...

Safest bet is to hire an attorney before Jan. 13. If money is an issue and you want to make sure that the State intends to prosecute you first, you could make the court appearance by yourself (though not advisable). Just make sure you go to court on Jan 13th - a failure to show will result in a warrant.

If all is as you say and the test comes back negative, the case may get dismissed then. (Of course that assumes that there were no drugs found in the car and that you were only cited for being under the influence.)

If for whatever reasons, when you show up on Jan 13, the case is not going to be dismissed, you should get a copy of the police report and any test results and then ask to continue the arraignment to give you time to hire an attorney. (Or ask for a public defender, if you qualify.)

Do NOT UNDER ANY CIRCUMSTANCES discuss the facts of the case with the prosecutor or the court before you hire an attorney. Do not consider taking any "deal" (including DEJ or Prop 36) without consulting an attorney.

Even if the test result came back positive, there is a possible suppression motion based on an unlawful arrest that should be considered before taking a deal. The merits of that motion and any other defenses will depend on a number of facts yet to be determined.

Feel free to email me if you have more questions.

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Re: Drug Charges, please help...

Assuming the facts are as you have presented them, you have a lot of issues going on. You need an attorney as soon as possible. If you know anyone who can refer you to an attorney start asking them to do so. If you do not know anyone, call the local county bar association and ask for some criminal defense attorneys from their referral list. Next, do not under any circumstances talk with anyone about the case. The only person you should talk with is your attorney or an attorney you are considering hiring to represent you. If the Police or someone from the district attorney's office want to speak with you, simply tell them very politely that you will be happy to talk with them after your attorney arrives and you have spoken with your attorney. Do not change your position regarding speaking with anyone from the government. They are not your friends right now. The most important things for you to do now are: start interviewing attorneys to hire, do not talk with anyone about the matter except your attorney, and realize you are in a very serious situation and you need to act quickly without delay. If you can not afford an attorney the court will appoint a public defender for you. Do not enter a plea without consulting with your attorney. If you need more time ask the court to continue the matter for further proceedings until you retain counsel. Good luck.

Re: Drug Charges, please help...

Unless you were on probation or parole, and the officer did not have sufficient cause to believe you were under the influence of an intoxicant or drug, then the blood test was likely illegal. You should hire an attorney and fight this.

The police are there to protect you, not to work on whim and fancy. Only having an attorney to fight for you will give you a chance at keeping a clean criminal record.