Legal Question in Criminal Law in California

There is nothing YOU can do in his defense, but I would encourage you to cooperate with his attorney if the officer planted evidence on him.

It sounds like he was released, with an appearance set for tomorrow. Once the police arrest someone, their reports go to the District Attorney, who will decide what charges to file. It isn't unusual to a file to sit on a DA's desk until the day of court, with a prosecutor reviewing the reports at the last minute to get the proper paperwork filed.

The dates on the paperwork may not be significant, especially if he was arrested, then released after midnight. If that's what happened, it would be correct because he was released the next day. However, it's impossible to know without knowing what kind of paperwork you're talking about and reviewing it.

He definitely needs a lawyer. If he can't afford to hire an attorney, the judge will appoint the public defender to represent him. Whether he has a privately retained attorney or the court appoints one for him. you should provide the information about the planted evidence to his attorney.

It is not unusual for there to be no filing until the day before the court date. Even then, some courts will not have a filing until the afternoon calendar (1:30 p.m.).

Best case scenario is that the matter will be a "DA reject" meaning that the DA has reviewed the police report and declined to file a charge. The Defendant must still appear at court and check in with the department to which his case was assigned. If his name does not appear on the court calendar, he will be directed to check in with the DA's office. At the DA office, they will check and determine where the case is in their process or if a determination has been made not to file charges.

If charges are filed, you must bring the issue of the false evidence to the attorney assigned to the case. Be sure to provide the name, address and phone number of the witnesses that saw the planting of the evidence. Also, be prepared to post a bond as it is very very likely that he will be remanded (put in jail) at the hearing because of his record.

Good luck.

You can hire him an attorney, or advise him to apply for the Public Defender if he can't afford private counsel. Other than that, there is nothing you personally can do but continue to support him. If he is charged, which he will learn about by either receiving a letter from the DA or by being re-arrested, then feel free to contact me if serious about hiring counsel if the case is in LA/OC area. .