Legal Question in Criminal Law in California

A friend borrowed a truck that is normally driven by me but owned by his mother. He was arrested following a traffic stop for moving violation of unsafe lane change without using turn signal and squeezing between two cars ( yet the sheriff was able to stay behind him during this lane change). It was discovered that my friend had a warrant for his arrest in neighboring county for ftp/fta which also lead to his licence being suspended, he was unaware of both even though he was aware of falling behind in his payments. The truck was searched which I had driven the night before and normally would be driving but we switched trucks as his gets far better gas mileage being a smaller engine and I had to travel about an hour from home.

In their search they found two glass pipes that had been surrendered to me from a person that I had taken to their first 12 step meeting the night before and spent many hours with this person convincing them there was a better way to live. Bottom line is I forgot to take the pipes out of the truck, an arrest occurred to a person who has never been in trouble for drugs, is not a felon, has a pretty clean driving record (though has a prior for suspended lic). Now we are going to jury trial where I will testify to him having no knowledge of the pipes and that they were my responsibility, my fault that they were in the truck.

The public defender only cares that I admit guilt and more than likely will not ask me questions about my NA involvement or my sobriety since 2002. Is it possible or even likely I will be arrested on the day I testify? I believe that it is only right that my friend be acquitted as he has always had a no tolerance to drugs and in fact is the sole reason I am sober today. Is there a way I can semi-protect myself while on the stand and incriminating myself?


Asked on 1/26/14, 12:43 pm

2 Answers from Attorneys
Zadik Shapiro Law Offices of C. Zadik Shapiro

First and foremost, you must have a lawyer. You can either hire one or the court will appoint one. The public defender should ask the court to appoint one but if he/she does not you need to ask the judge for a lawyer before you testify.

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Answered on 1/26/14, 1:00 pm
Terry A. Nelson Nelson & Lawless

Is there some actual reason you don't believe the legal advice given you by your attorney, the one who knows all the facts and issues of the case?? Or do you just not like the answer??

If serious about hiring new counsel to substitute in and help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be. I�ve been doing these cases for many years.

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Answered on 1/27/14, 11:40 am


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