posting for friend wrongly accused

[onebreath]

What is the name of your state? CA

I am trying to help out a friend, later we are going to talk and he has been very proactive getting information and preparing to talk to his attorney.

His attorney is long distance, another county, he and a friend went a big music festival and got busted, my friend with a little pot and small amount of mushrooms, his frieind with a lot of pills. The friend fessed up and sent a letter to the DA that he was accountable for the pills.

Friend traveled for legal meeting date last week, I guess the attorney negotiating with the prosecutor. He comes out and tells my friend that it looks like the diversion program won't work afterall...he is accused in the police report of dealing drugs; from what I gather because of the pills (which his friend took responsibility for), and because he only had $100 in his pocket so obviously being out of town he was dealing to pay his way. Thats the police report.

Meanwhile, attorney throws that at him, and doesn't return his calls...said he'd fax the police report one day last week and has not. So a phone appt is tomorrow...friend is concerned since attorney being flakey that he won't stand up to the prosecutor (or whatever an attorney does) and show this is another diversion case...there is ZERO evidence of my friend showing like a drug dealer.

On top of all that, the attorney all along said, 'oh drug diversion, no doubt at all' and now he is trying to get friend to accept that plea which is possible prison time, a whole different crime, etc. My friend has 2 children he sees regularly and is largely financially responsible for. It would absolute devastate his family if he were wrongly accused of being a dealer, instead of just possession.

Thanks for reading this far, I will check back later to see if anyone responsds....sincerely, onebreath

 

[garrula lingua]

Get a new, competent atty.

Get the copy of the police report from the atty - any witness info may be deleted.
Take the police report to atty #2, or if qualified, go with the PD.

If the only indicia of sales is the quantity, then it'll be difficult (not impossible) for the Prosecutor to prove he's dealing.

If you're charged with possession and with sales & you're only convicted of possession, then you still qualify for diversion after trial.

The atty may not have handled the situation well.

As long as the drugs were for 'personal use', drug diversion is available (DEJ or Prop 36).

Stop using drugs and stop dealing them.

 

[onebreath]

Thank you for your reply. I just read it to him, I think he is feeling better as he FINALLY talked to his attorney (still no copy of police report)...he is driving there for the pretrial conference day after tomorrow/Friday. According to my friend, his attorney didn't sound very energised by the fact that he is being accused of dealing drugs, along with possession.
Thus ineligable for the diversion program. His attorney did say that there was little evidence of dealing(I didn't get the 'little' part), I cannot see any.

Apparantely
1. he is being charged with maybe, more pot than was on him. He had this friend who rode up with him to this music festival. Yes, they both party but he had no idea this guy had all these pills on him to sell. He says with the pot that was actually on him, it would not quantify as enough to deal - 1/8th of an ounce.

2. same with the mushrooms on him - only enough for recreational use.

Friend is feeling more hopeful that it will be easy to drop the dealing charge...and he can go do the diversion program. I hope that is what happens!

One other issue...his attorney took $1500 and claimed it went to 8 court appearances. I was shocked - 8? And the whole case is still built on this apparantely hick police officers projections onto the situation..not very professional in his notes...its hard to believe that there would not be someone in 8 court sessions who would ask for evidence before allegations?????? Amazing.

Thank you.

 

[garrula lingua]

The officer doesn't have to be 'professional' in his notes - they are meant to simply remind him of the facts in order to testify correctly. (The officer must have been 'professional' enough in his report & actions - your friend is charged & did have drugs.)

If your intent is to win by attacking the cop, you will probably lose, big-time.

8 appearances ? Was there a preliminary hearing ?
What is the offer from the Prosecution ?
Did your friend have any prior convictions ?

 

[onebreath]

Its not me, but a friend.

I still don't get the 8 appearance, surely one was the preliminary...he has only been to two or three himself...his attorney doesn't give him a record of his billing (?&&%$%)

No convictions, very stable father and employee, good job, provides for ex, etc.

The prosecution (after the supposed 8 court dates) alleged they WANT to charge him with possession AND dealing...the dealing part is whats wrong. The deal would be probation and some months of prison time. My friend, who is a dad, was devastated at hearing this, he is keeping this secret from his ex and kids, terrified his teenage boys will learn about it (perhaps a good wakeup call) - for what he did prison would be wrong. He's a responsible guy, he doesn't deal at all.

He went to the pretrial hearing last week and attorney more on board - the DA got that there is a letter from friend my friend was busted with - that he was responsible for the multitude of pills and pot. So now the DA has to look up the letter and "authenticate" that, so all is looking well. Its a 6 hour drive for him one way...pretty pathetic to me he's paying an attorney for them to decide IN COURT to look up a letter and set yet another court date...

thanks for responding, I appreciate it.