Legal Question in Criminal Law in California
Possession-Illegal substances & concealed weapons
A friend was recently arrested for possession of a controlled substance(s)- 3 1/2 grams meth, the glass pipe used to smoke this sh*t, a small amount of marijuana, and concealed weapons - 2 throwing knives in his back pocket and a blow gun. The cops let him keep his: stun gun; air rifle; handcuffs; thumb cuffs, sabre swords; mace, etc. According to the report, he was NOT under the influence that night, and that he was NOT selling drugs. They booked him and let him go a short time later, saying they would contact him. What's going to happen next???? This is his second arrest for controlled substances, the first was approximately 13 yrs. ago. Is it possible that he will NOT have to go to jail (please, please. . .)????
1 Answer from Attorneys
Re: Possession-Illegal substances & concealed weapons
He would probably be leigible for prop 36 drug treatment. However, if he has other charges, particularly those involving violence, he will be rejected for prop 36. Then he could be looking at prison for possession of a controlled substance.