Legal Question in Criminal Law in California

If the girl agreed to have sex with him, it is better than being prosecuted for forcible rape, but it is still a crime. Based on his felony probation, it is also a big problem.

Because he is more than three years older than the girl, he can be charged with Penal Code 261.5, unlawful intercourse with a minor. This is a "wobbler," which means it can be charged as a felony or a misdemeanor.

Without knowing all of the facts, and talking to the District Attorney, it is impossible to know what is "likely" to happen, but he is probably lucky if he just gets some more jail time instead of going to state prison. Here's the worst case scenario:

Penal Code 11379, sale of methamphetamine, is a felony punishable by up to four years in state prison. For his latest probation violation, the judge could send him to prison, minus credit for the time he has already served.

Was he convicted of the cocaine possession, or was it dismissed because he admitted the probation violation? If he was convicted, the maximum punishment is three years in prison, but because he also has the 11379 conviction, the most he could get is a consecutive eight months. The punishment for a felony conviction of 261.5 is the same, so he could get another eight months.

So your friend is looking at five years, four months: four years, plus two additional consecutive eight month sentences.

He definitely needs a lawyer. If he can't afford one, he is entitled to a court-appointed attorney and the judge will appoint a public defender.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.