Legal Question in Criminal Law in California

You can't DO anything unless you are your son's licensed attorney or record. The court is not interested in your info. The victim could notify police and DA office of his change of mind. If that gets the stolen car charge dismissed, fine. Either way, your son faces at least one criminal charge, probably more.

You�ll learn the actual charge[s] filed when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much �time� would be imposed if convicted.

At the time of arraignment, he can request bail reduction or OR release. He can also request jail personnel to process OR release request.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through 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, using whatever defenses there may be.

You should speak to an attorney in or near the area of the case and NOT talk to the DA yourself. The alleged victim can speak to the DA, but I prefer him speaking to your son's attorney and letting the attorney decide who should speak to the DA regarding the 10851 VC (taking auto without permission ). I wish you well. If you want to speak to me on the phone for a free consultation, call me at your convenience.................... David Wallin

Your son and his friend need to talk to your son's attorney.

As the others have noted, your son needs the assistance of a lawyer instead of a parent.

If your son has been charged with stealing the car, that charge is probably quite weak. A good lawyer may very well be able to beat it, or at least get it reduced to something less serious. That would be true even if the friend wanted to pursue the charges. (Note that whether to pursue them is entirely up to the prosecutor. She might be influenced by what the friend wants, but the decision is hers to make.)

The drug charges are much more likely to stick. If the police believed at the time of the search that the car was stolen -- and they very likely did -- then they were allowed to search it and your son when they found it. I wouldn't count on getting the evidence excluded, though there might be some basis for a motion to exclude depending upon the facts.

The bottom line is that your son needs a lawyer right away. The best thing you can do is to help him get one.