Legal Question in Criminal Law in California

my wife was arrested for 11550 and forced a blood draw even after she showed them her medical marijuana card ! and offered to give a urine sample. they told her no and if she did not agree with them that they would hold her down and force her to give blood. they said she was high strung ,the police were there because her car was just stolen and she was very upset ., and now she is to appear in court but we live in arizona and court is in valley center ca. on friday !! my father is very sick and just had surgery and can not be left alone right now ,, is that ok that they did this and how can we get a continuance ? or is it to late? we have been so busy with my dad that we forgot about the court date !! what can we do ?


Asked on 11/28/12, 3:38 pm

3 Answers from Attorneys
Theresa Hofmeister Theresa Hofmeister, Attorney At Law

I am sorry to hear that happened. The forced draw may or may not become a big issue - it is too early to say; I don't have enough information.

The choice is to travel to California to ask the court for a continuance to hire an attorney, or, to hire an attorney who can appear for your wife and get a continuance.

Vista court where Valley Center cases go is my home court if you are looking to hire an attorney. In that case, please call me at (760) 481-8959. Otherwise to avoid a warrant, your wife will need to be present in court to request a continuance or to apply for the services of the Public Defender if she chooses that option and can qualify for their services.

Good luck!

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Answered on 11/28/12, 4:09 pm
Brian McGinity McGinity Law Office

Ms. Hofmeister is right on. If you choose to ignore the situation additional problems will ensue. I suggest you listen to her.

Good luck

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Answered on 11/28/12, 4:53 pm
Anthony Roach Law Office of Anthony A. Roach

California's Health and Safety Code section 11550 has nothing to do with marijuana and police do not do drug draws to confirm marijuana use. This issue is over a more serious drug.

Your wife needs to get an attorney. If you cannot afford an attorney, your wife needs to ask to the court to appoint one for her.

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Answered on 11/29/12, 9:04 am


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