Legal Question in DUI Law in California

If he is on probation for cocaine possession, he has already been found guilty so there is no need to try him on that charge. If he is convicted of marijuana sales, that would be a violation of his probation in the cocaine case, and the judge could reinstate him on probation or sentence him to anything up to the maximum of three years in state prison.

If he is convicted of selling marijuana, he would be facing a maximum sentence of four years in state prison.

However, due to the way California sentencing law works, he isn't actually facing a total term of seven years. The maximum total sentence would be four years, eight months. Of course, if he is convicted of other charges -- for instance, more than one count of marijuana sales -- the total exposure could be greater.

At this point, a cell phone should be the least of his worries. The cops may be holding it as evidence; in many drug cases, they will introduce text messages that show the person was discussing drug transactions.

Your son's lawyer can address the phone situation in detail. If your son can't afford to hire a lawyer, he is entitled to one at government expense and the judge will appoint the Public Defender.

You should contact a qualified attorney in or near your area to go over all the facts. The other attorney's answer is correct, in that , your son is looking at considerable state prison time. I wish you the best. David Wallin