Legal Question in Criminal Law in California

Re: Help for my Grandson

I do not know off the top of my head what the statute of limitations is for possession of meth, but I will check it and follow up with you if you send me an e-mail with your return address. However, I doubt for that quantity it would have expired in only 2.5 years.

If he confesses on the stand, they could well decide to immediately drop charges on the current defendants and indict him instead. They could also try to argue to the jury that he is lying, and proceed with the prosecution of the others. It is hard to say and it would depend on many factors, including how believable his story is. But, my best bet is they would probably drop the charges on the others if he categorically states they knew nothing, and would turn around and charge him. And, a confession in open court is the worst kind; he could never run and hide from it.

On the other hand, if the truth is that he is guilty and not them, and if he testifies he knew nothing about it, he would be committing perjury, another crime.

If he is really guilty, the usual strategy here would be to assert his fifth amendment privilege against self-incrimination ("take the fifth") on all questions pertaining to whose stuff it was. This may well be enough to create reasonable doubt of the others' guilt, and they might well get off. But, on the other hand, it does not simply hand them a slam dunk conviction against him because taking the fifth cannot be used against him in a later trial, if he is ever charged.

In this situation, your grandson definitely needs to immediately consult with an experienced criminal lawyer to decide what he should do.

Although I practice in Georgia, your question was referred to me because I am also a member of the California Bar.

Re: Help for my Grandson

I would add that if he confesses in open court, he is likely to be arrested on the spot as soon as his testimony is complete, because the judge will very probably issue a bench warrant as soon as his testimony is complete. So, he very likely would go directly from the witness stand to jail. Even if he didn't any sheriff deputy who witnessed the confession could because no warrant is necessary to arrest for a felony if the officer has probable cause to believe the person committed it.

Re: Help for my Grandson

One more follow-up. He could take the fifth on much more than whose stuff it was. He could take the fifth on everything that transpired that day or night, including whether or not he was there. Anything that would tend to incriminate. Again, insist he get to a criminal lawyer right away.

Re: Help for my Grandson

He should seek the advice of an attorney. Unless there is a court order giving him immunity, he should assert his 5th amendment right and not testify in court. The assertion of the 5th amendment right can be nearly as affective as direct testimony that he owned the drugs.

The advice regarding not talking without an attorney also applies to conversations with police officers, and other government investigators.

Re: Help for my Grandson

Thank you for your inquiry.

The statute of limitations for most felonies is three years, and for certain felonies it is longer. Because our duties are to the client, I don't think you will find an attorney that will recommend that your grandson expose himself to potential criminal prosecution unless, as another attorney suggested, he has an immunity agreement.

I do hope this helps, but if you have other questions, or need further information, please feel free to email me at [email protected]. I'm happy to help in any way that I can.