Boy's big mess

[scylentbob]

What is the name of your state? California

Well this will be quite a story. My friend, I guess you could say boyfriend, was arrested the other day coming home from Taiwan. He was told he has a warrant for his arrest in what I assume is San Mateo County, although the timeline is not clear. We moved out of Northern California a couple months ago to return home, and he was never made aware of any such issues. I assume it is what is called a bench warrant for a failure to appear in court regarding a marijuana charge stemming from February of this year. When I spoke with him over the phone, he told me that the warrant was faxed over from San Mateo County, and the mailing address was not correct; it was not even his address at all(It was mailed to an uncle with whom he has no contact, and it was neither correctly addresed nor delivered to his relative).

So basically, I have no i dea what to make of this whole mess. He was never kept in the loop, he was never given any information regarding this issue in any way. On occasions in which he attempted to reach the narcotics detective, he was told she would not be available until November. And then fast forward to now, he has still not heard anything regarding this issue, he has had to move back home to LA, his family is deciding whether to cancel his permanent residence and bring him to his home country, and he has just returned from Taiwan, visiting his dying grandfather. All of a sudden, he comes home to find he has a warrant on him.

I know there are a whole bunch of legal loopholes I don't understand so hopefully you can expound upon this; especially CdwJava, your advice would be very welcome and helpful. I just don't know what to do to help, and I feel like there is no hope. It also makes me feel as if he is being harassed for the fact that he is homosexual. Or asian. Or muslim. Or any combination of the three. Although I should know better, I just feel like someone's got it in for him. He didn't even want anyone to pay his bail because it would be too much of a bother to his friends.

I guess there isn't really much I can do anyway. But I would at least like to know how long I can expect this to take before I can finally see him again. Right now he is at the police department, waiting to speak to a judge in what I assume is arraignment. Oh, sorry, the other details: I don't know what the specifics are now with this new development, but the original charge would have possibly been possession w/ intent to sell(under ten grams). I mean, I know I can say I've never seen him sell drugs, but it should still be hard for him to fight, wouldn't it? I understand however, that he was coerced into positively admitting to distributing marijuana, and I know from being with him so long that he is always very easily coerced.

i'll shut up now. sorry for the length of this post. I just don't know what to do and I am worried for him so much. If you need any other info. i may have not mentioned, just let me know.

 

[outonbail]

Well, I'm not real sure what your question is. But seeing how he was picked up on a warrant, it could have been an arrest warrant or a bench warrant for failure to appear. Either way, he will eventually be brought before a judge and at that time he will learn all the details of what he's being charged with. He will also have the opportunity to request a public defender at that time, who can advise him on how to proceed.

I wouldn't start assuming that he is being treated any different than anyone else because of his sexual preference, nationality or religious beliefs, as it is highly unlikely that the officer who took him into custody would be aware of, or even care who he sleeps with or worships. However, the officer would be made aware of his outstanding warrant(s).

The fact that it was a relative who's address was on the warrant, would indicate to me that it was the address that was given by your friend when he was first questioned in regards to this marijuana caper.

How long he will be in custody is impossible to say without knowing what exactly it is he's being charged with. If he was taken into custody in LA, but the warrant was issued out of San Mateo, he will be held in the LA jail until San Mateo comes to pick him up. His court proceedings will all be held in the same court where the warrant was issued. So, depending on how busy they are in San Mateo, it may take a week or longer before he is picked up and transported to San Mateo, where he will finally get to appear before a judge.
Once that's all happened, he'll know what it is he's looking at.

Depending on what he is charged with, it is always possible that the judge will reduce his bail or release him on OR after his court appearance, but again, no one here can provide you with any answers concerning how long he will be in custody, without having more information.

As far as him being easily coerced, I don't believe the police would be drilling him for a confession to sales if they didn't have something to suggest he was actually selling drugs. (scale, baggies, customer list, three pagers, drugs already broken up into multiple small packages etc.)

So all you can do is wait until after his court appearance and see what develops.

 

[CdwJava]

I agree. There's not a whole lot that can be said for so vague a tale.

He could be facing simple possession charges for more than an ounce, or he could be facing cultivation or sales charges ... or maybe an assortment of charges - who knows?

if he is in another county he will eventually be extradited back to San Mateo County for arraignment. Then he will have a better idea of the case against him.

As for the side (distracting) issues, NOWHERE on the paperwork we fill out for crime reports or arrests does it have a box for sexual preference or religion so these issues are non-starters.

- Carl

 

[scylentbob]

thanks for the help. i know it doesn't have anything to do with sexual preferences, religions, etc. but it can feel like it sometimes. The marijuana was divided up into five little baggies, as he onnly had five grams. I know it can constitute intent to distribute, and it's so hard to argue otherwise, because no one thinks about the fact that the weed will be in the same little baggies after someone buys it. As for the arraignment, I was told the case would be taken care of in Los Angeles. I'm hoping this won't become very complicated for us; it is his first offense, and he is not a bad kid at all. What would likely happen when he eventually goes before the judge? What are all the possibilities? And will I be able to contact him at this point? I just want to find out what is going on, but I don't know where to look or who to ask.

 

[CdwJava]

If the warrants were from San Mateo County he will be arraigned there on the charges on the warrants. if he is going before a court in Los Angeles it is because he refused to waive extradition and has opted to go before a judge there which serves only to delay the inevitable transfer. If he is truly being arraigned in Los Angeles it is because he faces criminal charges there as well.

And no one can give you the range of possible outcomes without some idea of the charges, his history, etc. If convicted he could do a few years in the slammer or probation ... no one can say.

- Carl

 

[outonbail]

thanks for the help. i know it doesn't have anything to do with sexual preferences, religions, etc. but it can feel like it sometimes. The marijuana was divided up into five little baggies, as he onnly had five grams. I know it can constitute intent to distribute, and it's so hard to argue otherwise, because no one thinks about the fact that the weed will be in the same little baggies after someone buys it. As for the arraignment, I was told the case would be taken care of in Los Angeles. I'm hoping this won't become very complicated for us; it is his first offense, and he is not a bad kid at all. What would likely happen when he eventually goes before the judge? What are all the possibilities? And will I be able to contact him at this point? I just want to find out what is going on, but I don't know where to look or who to ask.

If your friend simply had 5 grahams of marijuana, he wouldn't be sitting in jail. Even with it broke down into five little bags, I can't see Los Angeles holding him behind bars.
However, if San Mateo has a felony warrant out for his arrest, then LA will be holding him until he is picked up by San Mateo and brought back to answer to the charges. I know if it was an out of state warrant, he would have to be picked up within a specific amount of time, I'm not sure how it works if it's a warrant issued in California.

But if he is released because San Mateo fails to come get him and the warrant remains active, then he will go through this same experience every time he's questioned by the police, so he needs to take care of it.

I don't know who informed you that Los Angeles would be handling the case for San Mateo, but I can't see that being the case. Los Angeles has enough of their own drug dealers to worry about. Not to mention the fact that San Mateo isn't going to go through all the expense and inconvenience of having their arresting officer(s) commute to Los Angeles to testify against him. They are the one's who are alleging he committed a crime, they are the one's who have evidence stored for trial, not LA.

If he's going to court in Los Angeles, then he's accused of breaking the law in LA or has an outstanding warrant which was issued out of a Los Angeles court.

If you want to contact him, call the jail and ask about visiting hours or get his booking number, housing location, and all the other address information necessary to write him a letter.

If he's housed in transportation waiting to be picked up, he may not be allowed visitors, I'm not really sure how it works in that situation.

If you want to help him, go to work, make lots of money and hire him a goot attorney. Because working yourself into a tizzy over it, isn't helping anyone.

 

[scylentbob]

thanks guys, again, for more info. Again, like i said before, the charge is misdemeanor possession w/ intent to distribute on five grams, and he has no history. I believe he has chosen to see a judge in LA court, which means he will have to go back to SM county later. I dunno, i just don't see him going to jail over this, it seems like such a simple case. To be nailed to the cross over five grams sounds rediculous.

 

[CdwJava]

thanks guys, again, for more info. Again, like i said before, the charge is misdemeanor possession w/ intent to distribute on five grams, and he has no history. I believe he has chosen to see a judge in LA court, which means he will have to go back to SM county later. I dunno, i just don't see him going to jail over this, it seems like such a simple case. To be nailed to the cross over five grams sounds rediculous.

Intent to distribute 5 grams of marijuana?? That's a little less than 1/5 of an ounce! Something doesn't sound right with that! I suggest they have a little more than JUST the packaged marijuana to support that ... maybe pay-owe sheets, prior sales, etc.

I submit that you don't have the entire story.

- Carl