Legal Question in Criminal Law in California

The police recently found a backpack containing half an ounce of mushrooms (individually bagged with a scale) along with 5 grams of weed in it. The backpack also contained my ID card in it (long story). Apparently they wanted me to go to court for it, which I was not informed of, and now there is a warrant for my arrest. The went to my parents house many times in the last week and today they showed up at my college looking for me. I don't want to ruin my semester and go to jail for something that is not mine but I am also not going to tell them anything. If I get put on calander and take the case to trial do you think I stand a fair chance or should I just accept a plea bargain and ask for a suspended sentence so I can finish my semester (I'm an A student). Thanks for any advice or insight.


Asked on 2/23/11, 4:23 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you're really an A student, you'll do your homework and realize criminal court isn't a do-it-yourself project. You are going to have to fess up to your parents and gather the money it will take to hire an experienced attorney to defend your case. Your idea of "accepting a plea bargain" implies that you have something to bargain with, and right now you don't. Although the district attorney will be more than happy to take your guilty plea to a felony you didn't commit, leaving you with a lifelong criminal record and rendering you forever unemployable, don't assume that this would result in a "suspended sentence." You stand NO chance of "taking your case to trial" because you don't know what you are doing. Please pretty please do NOT go to court without a private attorney, that you yourself hired, standing next to you. And please pretty please don't come back here whining about how you decided to save money and use the public defender, and all they did was pressure you into pleading guilty. The time to do something to help yourself is now.

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Answered on 2/23/11, 4:48 pm
Edward Hoffman Law Offices of Edward A. Hoffman

You should get a lawyer, discuss the facts of your case in detail with her, and follow her advice. Feel free to get a second and third opinion if you don't like what she says. If you can't afford to hire a lawyer, get a public defender. But don't even *think* about either going to trial on your own or pleading guilty without legal advice.

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Answered on 2/23/11, 4:59 pm
Mark Di Carlo Mark A. Di Carlo

Apparently, you do not want to hire a lawyer; or do not have the money to do so; or do not want to allocate the money to hire a lawyer.

I would get together as much money as I can and be prepared to make bonded out of jail as quickly as possible; in that manner you will not have your semester "ruined."

I do not what makes you believe you will not be arrested on campus and not be arrested and embarrassed. So it would be best to turn yourself in, with a lawyer, so they can make your bond, if they can in your state, or to make sure a bond is set as soon as possible.

I just noticed you are a resident in the state of California. I am not licensed in the state of California, and I have not researched California law.

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Answered on 2/23/11, 7:00 pm
Terry A. Nelson Nelson & Lawless

For you to handle this, you must turn yourself into the court, with or without an attorney, and try to negotiate a plea bargain on the warrant and outstanding charges. Doing so voluntarily will result in a better outcome than you being brought to court in cuffs. You should hold onto your money, to hire an attorney who may be able to get you out on your Own Recognizance, or on reduced bail, instead of paying the full bondsman premium now. That is a lesson always learned too late.

As to the case, you can ask for anything you like. Can the case end up being dropped or charges reduced? Of course. Is that likely? No. The police and DA don't spend time and money arresting, charging and prosecuting cases only to drop them because you 'want' them to. That's not how the system works. There is no magic wand to wave and make it all disappear. IF there are valid defenses, facts, evidence, witnesses, sympathies, etc. that would allow an attorney to 'beat' the charges by keeping the prosecutor from proving the case as alleged, then, yes, the case could be won. Won through motions, won at trial, or won by negotiated plea or dismissal. You won't know until you consult with counsel with ALL the facts. Most cases are 'plea bargained' to avoid the risk of loss at trial and mandatory sentencing to the full term provided in the law upon conviction.

If serious about doing so, and if this is in SoCal courts, feel free to contact me. If you can't afford private counsel, you can apply for the Public Defender.

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Answered on 2/24/11, 3:06 pm


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