Can DA change charge without police approval?

[RayR]

What is the name of your state? California

I was charged with 11352 HS, Transport/sell narcotic controlled substance back in April 2007. I have been going to court several times trying to work out a deal with the DA. On our last visit the DA agreed to change the charge to possession (if the police said I was not the big fish dealer). The police showed up and told the DA not to change the charge because I didn't rat out anyone when they arrested me. They told me if I was to provide 3 names which resulted in arrests, I would either have the case dropped or changed to possession. This is my first offense and I have no prior record. Since the police are not being cooperative, is there anything else we can do to get the DA to help us?

 

[justalayman]

What is the name of your state? California

I was charged with 11352 HS, Transport/sell narcotic controlled substance back in April 2007. I have been going to court several times trying to work out a deal with the DA. On our last visit the DA agreed to change the charge to possession (if the police said I was not the big fish dealer). The police showed up and told the DA not to change the charge because I didn't rat out anyone when they arrested me. They told me if I was to provide 3 names which resulted in arrests, I would either have the case dropped or changed to possession. This is my first offense and I have no prior record. Since the police are not being cooperative, is there anything else we can do to get the DA to help us?

it is up to the DA to press charges, not the police

it is up to the DA to decide what charges to press, not the police

the police cannot dictate that charges be reduced or dropped, that is up to the DA.

Very simply put, the DA has total control of your siutation. The police can only suggest or recommend. They report things as they see them and then the DA makes the official charge based upon that.

 

[RayR]

My lawyer has been dealing with the DA and they agreed to change the charge to Possession, but the DA said she needed her supervisor's approval to do so. The police were present at the hearing and told the DA and her supervisor not to change the charge from sales because I did not rat out 3 people when arrested. The police pulled me aside, outside the courtroom after our 4th hearing, and instructed me that the deal still stands. If I give them 3 names which result in 3 arrests, they will write a letter to the DA and personally recommend the charges either dropped or changed to Possession. When I asked the police if they would put this in writing, they refused and said it was a verbal agreement and they would keep their promise. Any advice would be greatly appreciated.

 

[laurathelawyer]

The police pulled me aside, outside the courtroom after our 4th hearing, and instructed me that the deal still stands. If I give them 3 names which result in 3 arrests, they will write a letter to the DA and personally recommend the charges either dropped or changed to Possession. When I asked the police if they would put this in writing, they refused and said it was a verbal agreement and they would keep their promise.

The police should not be speaking to you at all. You need to report this to your attorney. Again, any plea bargain will be arranged between the DA and your attorney. Do not have any communication whatsoever with the police.

 

[justalayman]

they refused and said it was a verbal agreement and they would keep their promise..

uh, sure they will, after they rope you in and add more and more to the deal maybe they might.

They want you to be an informant. If you are not interested, speak to your attorney and tell him to tell the cops to get lost.

Although I understand this type of thing happens all the time, it is as close to blackmail as I have heard.

Now, you may have to take whatever charges are presented currently but you will not be "obligated" to the police for a promise that could just as easily vaporize as it could come to fruition.

I'm surprised your attorney has allowed this to take place at all, at least without some input or recommendation.

 

[gawm]

it is up to the DA to press charges, not the police

it is up to the DA to decide what charges to press, not the police

the police cannot dictate that charges be reduced or dropped, that is up to the DA.

Very simply put, the DA has total control of your siutation. The police can only suggest or recommend. They report things as they see them and then the DA makes the official charge based upon that.

How seriously does the DA take into account what the police recommend? Is it more so with minor charges?

 

[RayR]

My lawyer told the police to leave me alone and stop trying to communicate with me over the phone. They waited outside the courtroom at 8:30am before the court even opened. As soon as they saw me walk up, they pulled me aside and started telling me to be an informant and that they are not changing/dropping charges unless I help them out with 3 arrests. My lawyer has been dealing with the DA directly and she was ready to drop the charge to possession. She said she needs to talk to the police first before she can do that. When she went outside to talk to them, they told her I did not rat anyone out and I'm a bad person and not to change my charge from sales.

I have no prior record as I stated before. I got caught up in a really sticky situation at a nightclub, which I feel is almost entrapment and now they are mad because I didnt' provide them with any names of drug dealers. 2 undercover female police officers approached me at a nightclub and asked me for drugs. When I told them I do not have any, they followed me around and saw me talking to some friends at the club. They asked me again if I could get drugs and even told me to ask my friends. I asked some friends and one of them ended up buying a $50 bag of cocaine from the bathroom attendant and bringing it up for the girls. He handed me the bag and I handed it to the 2 girls. When I left the club, I was pulled over and searched. They found nothing on me, no drugs, no money, nothing. They wrote down my name and address and 2 months later sent me a letter in the mail to come into the police station. They arrested me at the station and charged me with sales of cocaine. They also told me I could work off the entire case by immediately bailing myself out and trying to setup 3 drug dealers at the nightclub. Funny thing is they refuse to put anything in writing as to this so called "Deal" they keep offering me.

 

[moburkes]

Doesn't sound like entrapment to me**************.....

 

[justalayman]

Doesn't sound like entrapment to me**************.....

doesn;t sound real smart either.

Why would you go to all that effort to supply drugs to women you did not know (not that supplying drugs to women you do know is a good thing either)?

I can never figure out why people do things like this.

The DA has the authority to charge and alter the charge as they see fit, regardless of what the police suggest but you need to understand that ultimately, they both are working to remove criminals from the streets.

Not that will help you but it explains why the DA may be listening to the cops.

Personally, if it were me ,I wouldn;t do it but then, I wouldn;t hunt up some drugs for anybody to start with either. I have met some really bad people that were involved in the drug scene. I would definately not want them to be pissed at me. As well, there are no guarantees what will happen with the charges let alone what the judge is bound by, if anything.

Being a rat and setting in jail is never a good thing.

 

[RayR]

I had a few drinks and they were constantly flirting with me for 10 minutes straight. I made a very poor decision that night. If this gets pushed closer to trial, do you think the DA would be more likely to finally strike a plea bargain down to possession instead of sales?

 

[GulfBreeze]

What is the name of your state? California

I was charged with 11352 HS, Transport/sell narcotic controlled substance back in April 2007. I have been going to court several times trying to work out a deal with the DA. On our last visit the DA agreed to change the charge to possession (if the police said I was not the big fish dealer). The police showed up and told the DA not to change the charge because I didn't rat out anyone when they arrested me. They told me if I was to provide 3 names which resulted in arrests, I would either have the case dropped or changed to possession. This is my first offense and I have no prior record. Since the police are not being cooperative, is there anything else we can do to get the DA to help us?

police's role is to arrest...its the DA job to find the proper charge based on the facts furnished by the police. the police have no authority in this decision, only their input which the DA will use to their desecration.

 

[FlyingRon]

You have an attorney. The simple answer to any inquiry from anybody about this case is to contact your attorney. If the police have a legitimate need to negotiate or question you, you'll want your attorney there anyhow, so let him arrange it.

 

[RayR]

Still no luck with the DA at this point. They are refusing to change the charge to Possession. Best offer is 180 days jail and 3 years formal probation. We've been to court 5 times now. My lawyer says there is nothing more he can do at this point. They refuse to make any kind of plea bargain with him and he's advising me not to take it to trial because we have no chance at all. The only other offer the police are making is to provide them with 3 arrests on equal or greater drug charges ($50 worth of drugs) - I'm very scared of working with them or helping them in any way. Is there any other advice anyone can possibly give me? Thanks for your time!

 

[moburkes]

My advice is to accept one of the options listed above.

 

[CJane]

The reason your attorney can't help you any further is because you ARE guilty, by your own admission, of trafficking narcotics.

You should take a plea that results in the smallest amount of jail time possible. You should also stop being 'friends' with people who know that you can buy cocaine from the bathroom attendant... and what kind of nightclub has an attendant in the bathroom anyway?

I don't know all of the details, but a guy my mom worked with is doing time in a FEDERAL facility after he took a deal to 'rat out' some known dealers in order to get a reduced sentence on some state charges... it took 3 weeks for the DEA to show up and arrest him.