Legal Question in Criminal Law in California

If you admitted to this on the stand, you would be admitting a felony. Because of that, you absolutely need an attorney BEFORE you testify. Either hire one or ask for one to be appointed, but you must protect yourself an assert your Fifth Amendment privilege against self-incrimination.

Please pardon any typos - posted via mobile device.

Mr. Dane is of course correct. You've already said too much. But to mitigate the damage you must not talk to anyone else except your attorney about the meth. Conversations with your attorney are confidential. Any other conversations can be and will be used against you.

You need an attorney because your friend is trying to pin this crime on you.

I agree that you need a lawyer and that you may end up being charged and convicted of possession. I also agree that your friend is trying to make you take the fall and that you have already said too much. But there is more you need to know.

First off, possession is not the same thing as ownership. Even if the drugs belonged to you, your friend is guilty as charged if they were on his person and he knew it. (Being on his person is not a requirement; it just seems to be what happened here.) So even if you can prove that the drugs were yours you will not weaken the case against your friend. You will only strengthen the case against you.

People possess other people's property all the time. If you agree to hold my briefcase for me while I tie my shoe, then you possess the briefcase as long as you are holding it. (You would only be guilty of possessing any drugs inside it if you knew they were there.) Laypeople often don't realize this. They often get into serious trouble as a result. You are well on your way there.

The only way your testimony would help your friend is if it suggests he did not know the drugs were there, or at least that he did not know how much he had. (That might or might not help, depending upon the amounts involved.) To accomplish that you would have to explain how they ended up in his vest. Any such testimony would likely incriminate you, regardless of whether it exonerates him.

Second, even if you don't testify at your friend's trial or if you take the Fifth instead of incriminating youself, the D.A. can still charge you. He could not win based solely upon your out-of-court confession, but he might be able to use that confession as part of the evidence against you. And even if he can't, he is allowed to investigate you and look for other evidence based upon what you said.

Third, if you try to testify without counsel, the court should explain your predicament to you and advise you to get a lawyer. You would be allowed to say no, but that would be an incredibly stupid thing to do.

Fourth, although simple possession of a small amount of meth is not a terribly serious crime, your testimony (and your statement to the D.A.) could show that you distributed and/or transported it. Those are much more serious charges than what your friend is facing, and more serious than what the prior responses have described.

Fifth, if you can't afford a lawyer but want one, the court will appoint one to represent you. But the lawyer will show up in mind-trial while the parties and jury are waiting to hear from you. She won't have much time to discuss your situation and to advise you. You will be much better off if you get one in advance. If you can't afford one, at least approach the Public Defender's office ahead of time so they can be ready.

Sixth, if the P.D.'s office is already representing your friend, it will not be able to represent you. The court will have to appoint someone else instead. Many counties have multiple P.D. offices for situations like this. Others have panels of private attorneys who have agreed to accept appointments for pre-determined fees. But finding out in mid-trial that you need an alternate lawyer will take even more time and leave you at even more of a disadvantage. The sooner you get the process started, the less impact these problems should have.

You really should have consulted a lawyer before you went to the D.A. She would have told you to keep your mouth shut, and she would have been right. Perhaps she could have negotiated a deal for your testimony that would have helped shield you from prosecution. Instead, you left yourself fully exposed and gave the D.A. ammunition to use against you. That was a very big mistake. Testifying without counsel would be an even bigger one. You need a lawyer to protect you. You have already gotten yourself into a hole, but getting a lawyer and heeding her advice should prevent you from digging any deeper.

Good luck.

a consensus here, you need an attorney. Good luck!