Legal Question in Criminal Law in California

my best friend has been in jail since friday. he was caught with illegal fireworks, 4 m80's. some one called the police because their were 10 people at the park. 6 cop cars showed up and search 3 of the 10 there. my friend is not on parol and has no priors. the officer asked search him he said no. then another officer a sergeant got of of the car and arrested, then began to search him. they found the fireworks but no lighter or matches. the first officer proceeded to confiscate them and write a citation when the sergeant stopped him and and took him to jail he was never read his rights, or told what he was under arrest for. He has been charged with 4 felony counts of having a destructive device. he was booked the day before the 4th of july. it is now 6 days he has not been given a public defender. he has not seen a judge or any one from O.R. we have not been allowed to see him. he was given a court date for tuesday the 6th but was never taken they pushed back to friday which is more than 72 hrs excluding the weekends and holiday. the deputies told that there's a 50% that the case will be dismissed but we don't know any thing else what's the worst that can happen? whats the best thing for us to do?


Asked on 7/07/10, 10:21 am

2 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The worst that can happen is Your Best Friend goes away for a few decades for possession of destructive devices (bombs). Too bad he is going to use the public defender. Doesn't he have any relatives who can help him?

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Answered on 7/07/10, 1:32 pm
Anthony Roach Law Office of Anthony A. Roach

Everything used to be fun until one day a bunch of guys from Saudi Arabia decided to fly airplanes into buildings. Now everyone takes everything seriously, including fireworks. Your friend needs to get an attorney. If he cannot afford an attorney, he needs to ask for the appointment of the public defender.

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Answered on 7/07/10, 2:38 pm


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