Legal Question in Criminal Law in California

arraignment

i was arrested for possision with intent to sale mariquana. there were three bags all total less than 1/2ounce.very small amount for personal use,but i refused to talk to police and asked for lawyer.police got madd, and said this could have been mistermeanor,if i would have talk more.now i'm charged with felony HS11359.i bailed out and went to court a month later but no charges had been filed.judge said come back in 14 day's.what is all this about ? how long must i wait ? what can and should i do? i feel like this cop and D.A are f-ing with me.my friend was also in car and was released.he stated his was for own use ,i stated nothing and was arrested and haven't yet been charged.this happened in BIG BEAR LAKE,CA.i was going on vacation,i live 90.5 miles away,and don't have lawyer \,and not yet able to speak with public defender.


Asked on 6/09/04, 11:45 pm

3 Answers from Attorneys

Re: arraignment

Your refusal to speak or admit culpability was an excellent course of action on your part. The officer's decision to "come down harder on you" may have been a tactic designed to rattle you in order to try to elicit some sort of statement of culpability - which would make the DA's case easier later on.

The fact that the case hasn't yet been filed could be good news. (The DA may decide not to file.) Of course, the best case scenario for you would be to try to get the case dismissed completely - by attacking the arrest, evidence, police conduct, etc.

I have years of experience with the courts and have offices in Orange County and San Diego. Please contact me if you like to discuss this situation further at 858.405.5881.

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Answered on 6/10/04, 6:10 pm
George Woodworth Law Office of George Woodworth & Associates

Reply re Arraignment

Hello---Thank you for your question. This difference between the two of you--with one being released and you now facing a Felony--is probably due to the arbitrary decision of the Officer to come down on you just because you did not answer the way he thought that you should. Can this matter be delayed further? Yes, and sometimes for a good reason such as further testing of the MJ, or perhaps to consider a lesser charge. If you want to discuss further, email me, or call: (562) 929-7422. Attorney George Woodworth

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Answered on 6/10/04, 2:39 am
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: arraignment

By refusing to say anything to the cop you are smarter than 99.9% of people who post here. Sounds like the case could be a D.A. reject. Keep your fingers crossed.

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Answered on 6/10/04, 10:30 am


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