Legal Question in Criminal Law in California

can i be charged with possession and underinfluence meth and agiven 3 court appearances ,two times i was no filed,then after 74 days charged with both, i was detained four hours not allowed to piss and then when arriving at jail i was not allowed any phone use unless i gave a piss sample i know after 90 min bladder and kidney damage is occurring is all this legal


Asked on 11/03/09, 9:59 am

2 Answers from Attorneys
Robert Marshall Law Office of Robert L, Marshall

It sounds like the DA wanted to do lab tests before filing charges, so you were released with a promise to appear. The DA has up to three years after the offense to charge you with meth possession, Health & Safety Code 11377, because it can be charged as a felony.

Being under the influence of meth, H&S 11550, must be filed within one year because it can only be charged as a misdemeanor.

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Answered on 11/08/09, 2:15 pm
Terry A. Nelson Nelson & Lawless

You'll find out those answers when the court rules on any motions your attorney may bring to suppress evidence. If serious about hiring counsel to defen you, feel free to contact me.

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Answered on 11/09/09, 3:30 pm


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