Legal Question in Criminal Law in California

Re: Cocaine Possession

Anything is possible, but maybe the cops didn't find the coke??? If they took it from your friend (and you know this), then the prosecutor will definitely know it because the cops will put it in their reports. And then the prosecutor will be able to file both DUI and possession charges (or maybe even possession for sale!). If he gets a lawyer before the first court date, it will be possible to determine which charges have been filed prior to the first court date. If not, then he'll find out when he gets to court. The better practice (regardless of which charges are filed) is to have an attorney at the first (and all subsequent) appearance(s). Most criminal lawyers give free consultations, and I urge your friend to consult with at least one. If he'd like to talk to me, please don't hesitate to tell him to call me for a free consultation. Steve Mandell Santa Monica 310.393.0639

Re: Cocaine Possession

Thank you for your inquiry, and the opportunity to serve you further.

Obviously, you wouldn't want to -- and should not -- do anything to trigger a filing on the felony criminal charge. Even if your friend was not cited, or arrested and charges, on the scene, he could still be facing charges.

One way this could happen, is if the DA reads the report, and decides to file separate charges, based upon the evidence collected and seized.

I can't speculate on why he wasn't charged, but it's good that he wasn't. You wouldn't be "free and clear", however, until the statute of limitations expires on the felony possession charge -- some three years from the date of seizure.

I hope this helps, but if you do have additional questions, feel free to email anytime at [email protected]. It's my pleasure to assist in any way that I can.

Re: Cocaine Possession

It is unlikely to be forgotten. When he goes to his first arraignment, it will be added to the charges. He would be well advised to get an attorney. Contact me if interested.