Legal Question in Criminal Law in California

Re: search and seizure

The public defender can subpoena you and you must go, but you have a Fifth Amendment right not to incriminate yourself by admitting that the drugs were yours. You should think about this *very* carefully and consult with a lawyer before you go to court. Do not simply consult with your boyfriend's lawyer (or even with another member of the public defender's office), since his loyalty is to his client and not to you. If you can't afford counsel, the court should appoint someone to advise you before you take the stand.

If the prosecutor believes your story, he may charge you with perjury. If he doesn't believe you (which is far more likely under the circumstances) he may charge you with perjury. You won't necessarily face either charge, but the risk is very real. The court should not even allow you to testify until you have had a chance to consult with a lawyer, but it may mistakenly let you take the stand without counsel. You need to make sure you get competent advice first.

Correction

[The response I submitted a few minutes ago contained an editing error. Here is a corrected version. I apologize for any confusion my prior response may have caused.]

The public defender can subpoena you, but you have a Fifth Amendment right not to incriminate yourself. You should think about this *very* carefully and consult with a lawyer before you go to court. Do not simply consult with your boyfriend's lawyer (or even with another member of the public defender's office), since his loyalty is to his client and not to you. If you can't afford counsel, the court should appoint someone to advise you before you take the stand.

If the prosecutor believes your story, he may charge you with possession. If he doesn't believe you (which is far more likely under the circumstances) he may charge you with perjury. You won't necessarily face either charge, but the risk is very real. The court should not even allow you to testify until you have had a chance to consult with a lawyer, but it may mistakenly let you take the stand without counsel. You need to make sure you get competent advice first.