Legal Question in Criminal Law in California

As with most legal issues, the devil is in the details. And the details aren't always what you think they are. The cops have the ability to make things up, exaggerate, lie, etc about what you said in order to justify their actions. I have heard cops say the most outrageous things about what people's words mean. Almost anything can be a code word for cocaine or marijuana or any drug. So the important thing is to see what the cop wrote in the police report. That is what the District Attorney will be reading and what the officer will be testifying (testilying) about. Depending on many things, there may be excellent defenses to these charges. If you would like to speak to me about this, please don't hesitate to call me. Good luck. Steve Mandell 310 393 0639

Most undercover officers have enough experience to recognize the name of street drugs; I certainly do. The legality of the search depends on what was said. If it was just a discussion about drugs -- for instance, that meth is bad stuff because it makes people crazy and their teeth fall out -- that wouldn't justify a search. If the person offered to sell drugs to the officer, or admitted having them in the backpack, it would probably be enough to arrest the person, and the backpack could be searched incident to that arrest.

Officers don't charge people; the District Attorney files the charges. Possession for sale charges might hold up under these circumstances, but it depends on the exact facts, as well as the quantity possessed, and whether the defendant has other indicators of drug sales, like large amounts of cash, sales, extra packaging material, pay-owe sheets (listing amounts owed by customers), or cell phone messages about drug sales.

When questioned by cops, never try to be clever or obscure. Just say you aren't answering any questions without a lawyer, then stick to it!

First, anyone can be charged with anything. Getting a conviction in court is a different matter.

Second,, whether you use the official name for a controlled substance or a street name makes no difference. The District Attorney will have no problem getting a cop who they will call an expert to testify on the stand that a particular word, on the street, means a particular substance and the jury will believe it.

Whether the search was legal or not depends upon many issues that you did not address in your question. You need to hire a good private lawyer or talk to a public defender. They will need all of the details and they will review the police report before giving you advice..

You're being a little vague which is good on a public forum such as this. As you've probably gathered from the other answers, the specifics and not just vague questions are going to be what matters.

It sounds as though you're facing possession or sales charges and have issues with the search. There's no way around this - get a lawyer.

You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.

Please pardon any typos - posted via mobile device.

You'll get to argue your issues in court in evidence and search/seizure motions if you want. The arresting officer will certainly have a detailed report and testimony about what was said and done, calculated to win the case.

When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or statement be used against you, can you be convicted, and what can you do? A little free advice for next time: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. While this isn't a 'capital case', it certainly carries potential jail, so handle it right. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal and factual arguments, for evidence suppression, search and seizure, or other motions, or for trial. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight this and get the best outcome possible, using whatever defenses there may be.