Legal Question in Criminal Law in California
Legal advice needed for minor... 3 Felony Charges.
I'm a 17 year old minor, Sourthern California
Hi, I was arrested for 3 charges, Weapons (Pepperspray, Possession of Ecstacy for Sales, and Possession of a Modified Firework.
I have a court date in April.
All three possession charges are not mine! I was giving a ride to my friend and his friends to a nearby town. I did see the ecstacy while in the car, and I did get a good look at them. I went to Ecstacydata.org to check their legality, and found the pattern and color to be fake.
I did something stupid when being questioned by the police: I lied and said I bought the ecstacy off ebay (I was stupid and hoping for a miracle.)
There's much more to this story but I can't do it in 1250 characters.
Please help... I don't know what do to
4 Answers from Attorneys
Re: Legal advice needed for minor... 3 Felony Charges.
Get a lawyer immediately. If you can't pay for one, get a public defender.
Keep in mind that "possession" is not the same thing as "ownership." Two people can simultaneously be in possession of the same item, even if only one of them owns it. In the eyes of the law, the driver of a car is often in possession of items his passenger has with him.
As I said, you need to get a lawyer right away.
Re: Legal advice needed for minor... 3 Felony Charges.
What to do? Get a good attorney before saying or doing anything else "stupid". Don't wait until the last minute. There are possible defenses, and witnesses will have to be questioned. Contact me if interested in help staying out of jail.
Re: Legal advice needed for minor... 3 Felony Charges.
I totally understand the problem with the 1250-character limit. I'm having trouble paring down my information to you, myself.
First, understand that you are being charged with some serious crimes. In fact, they are felonies.
Second, although you are technically a minor, the juvenile court could determine that you ought to be charged as an adult, given the seriousness of the charges and your age (close to 18). You need to have someone who is familiar with you and the facts and defenses in your case (your lawyer) who can argue on your behalf to (1) keep you in the juvenile COURT; and (2) keep you out of juvenile HALL.
The juvenile system is weird-- you don't see it on TV a lot, so it seems strange to people. I describe it in detail on my website, but essentially, the system is designed around this "legal fiction" that it exists not to punish, but to rehabilitate the minor. Therefore so many of the rights you have as an adult do not exist for a minor (for example, the right to a jury trial). As a result, it is infinitely more difficult to win a trial for a juvenile defendant. However, the good news is that a juvenile conviction is sealed once you become an adult. You pretty much leave all that behind you. In addition, the possible incarceration time is much less for a minor in the juvenile system. An adult (or juvenile charged as an adult) can go away to adult jail or prison for a lot longer.
I suggest that you and your parents come in to consult with me. It's free, and, as you can see from my past answers (you can look them up), I RARELY, if ever, suggest such a thing. But you really do need help. If nothing more, you AND YOUR PARENTS need to know some things before you go into court and meet with your public defender, if you're to be assigned one. There just isn't enough room here to give you all the information you need to know. To give you just one more example, you and your parents need to understand how important it is that the judge and the probation officer (and prosecutor) believe that your parents can handle you-- that you are obedient. Otherwise, they'll stand "in loco parentis," (in the shoes of your parents) and take physical custody of you (ie, put you in juvenile hall).
My office is close to you, in Fullerton, right off the 57. (I used to live in Walnut.) I do phone consults for free as well, but I urge you to meet with a lawyer together with at least one parent. If you don't call me, call someone. Maybe a few someones. You're in some trouble, but you can do fine if you start making wise choices now. Information is power for you right now, and the time is critical.
Call me at 714-879-5770 (office); 714-612-7865 (cell); or e-mail me from the website at www.californiadefenselawyer.net .
Good luck,
Jacqueline Goodman Rubio
Attorney at Law
Re: Legal advice needed for minor... 3 Felony Charges.
Thank you for your email. We can help. Please call my office and ask for Michael Bialys.
Related Questions & Answers
-
Statute of limitations In 1999 or 2000 my son was arrested & chgd with a felony... Asked 2/27/04, 11:12 am in United States California Criminal Law