Legal Question in Criminal Law in California
If I got a ticket for having a prescription medication without a prescription but the officer also found paraphinalia used to smoke heroin but it was not written on the ticket, will I be possibly charged also with felony possession or can they only charge ne with what I was given a ticket for, which was the prescription
3 Answers from Attorneys
It's anybody's guess whether or not additional charges will be filed. A copy of the charges will be given to your attorney on your fist court date.
You can still be charged for the paraphernalia. The prosecutors are not limited to the charges the officer checked off on your ticket.
The DA can amend the charges at any time to add whatever he thinks he can prove and convict you of. You�ll know the actual charges filed when you appear for arraignment at your first court hearing.
Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a 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 and facts are available for legal arguments, for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. There is no magic wand to wave and make it all disappear. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.
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