Legal Question in Criminal Law in California

Re: How could I let a judge know about a person who is going before him in a cou

You have no obligation (legally, at least) to say anything of the sort, and contacting the judge directly would be improper.

If you feel you must report this to someone in the courtroom it should be the defense attorney (if your goal is to get help for the defendant) or the prosecutor (if your goal is to have the defendant punished).

Of course, if you were motivated by a desire to help the defendant you could just tell him directly that you know what he is doing and offer to help, without putting him in a worse legal position than he's already in. Since you seem eager to get the court involved, my guess is your motive is to harm the defendant. If I'm right about that, you should re-evaluate your belief that you are a good person.

If you do go to the prosecutor, you may well find yourself subpoenaed to testify in court where you will be cross-examined by the defense lawyer. If your goal is to make trouble for the defendant you can expect some tough questions about your motivations. Of course, if you have no axe to grind against the defendant then this questioning may not bother you.

Do you feel the urge to report all illegal activity you encounter? Generally, drug use (as opposed to dealing or manufacturing) is a relatively minor offense. I can understand someone feeling obligated to report a more serious crime, but this person is already in trouble for his drug use and I'm not sure why you feel a moral obligation to make it worse for him. The term "moral obligation" suggests to me a duty to assist him in coping with his drug habit, not a duty to help the state prosecute him.

I'll wager that most of us encounter illegal activity of a minor nature fairly often. If you start reporting every crime you see to the authorities, you may find yourself becoming a "good person" with few friends.

Now, I'm not condoning drug use. It's a real problem with real consequences for society as a whole and not just for the user. I'm also not condoning other criminal activity, whether minor or not.

But ask yourself if you want to live in a society filled with people who report every transgression they see to the authorities. Sounds a bit Orwellian to me, and I'd rather have a society with some minor crime than one in which people believe it is their duty to make life worse for others -- especially where there are alternatives.

It's up to you to decide what your moral obligations are in life, and there are surely others who would feel the way you do. Follow your conscience, whether you agree with me or not. But it seems to me that the question here isn't so much about the legal system as it is about your personal beliefs, and that is an area where this web site probably can't offer much guidance.

Re: How could I let a judge know about a person who is going before him in a cou

I clicked this on to answer your question but have nothing to add to attorney Hoffman's excellent response.