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Charged with possession while incarcerated.

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beachdremr

Junior Member
What is the name of your state? California

My son is being charged with possession while incarcerated and he has been out of jail over a year. Apparently someone he was in a cell with for a short amount of time (like a day or so) got caught with alot of marajauna enough to be a felony and they couldn't convict him so they are going after my son. He said the day in question he smoked a little with the guy and shortly after the officer smelled it and came into the cell . they were never tested or anything to see if they were smoking.
The charges on him were filled a year later and he was just picked up on a warrent he didn't know about a year and a half later. They couldn't convict the other guy so I don't see how they can convict him, but I don't know how long they can keep him. It has been 4 days already and he still hasn't seen a judge.
 


garrula lingua

Senior Member
ANY amt of mj in a jail facility in CA is a felony.

They filed within the time limits.
Sometimes the paperwork is completed after the inmate is released on the first charge (or transferred to State), ergo, a warrant goes out & it's a while before the inmate is brought before the court for the new offense.

This is a pretty easy charge for a Prosecutor to prove up.
 

beachdremr

Junior Member
I forgot to mention he was in the county jail for traffic violations (driving on a suspended license) and not paying his tickets.

I don't know what Prove- up means so if anyone can help on that one I'd appreciate it.

And the drugs were found under the other cell mates mattress. My son was only in there briefly while being transfered. Had only myself as a visitor on his list and I made only 1 visit.
 

Ohiogal

Queen Bee
But your son said he smoked it with the guy so guess what -- he is guilty of a felony> You being on the visitor's list -- are you afraid that you might be charged?
 

outonbail

Senior Member
He said the day in question he smoked a little with the guy and shortly after the officer smelled it and came into the cell
Ewww, does he know where the courier typically conceals the stash they smuggle into a jail?
If not, let's just say I'll bet it was some good $hit! :eek:

Also, if he was only in this cell temporarily or it was a holding/transportation cell, there are usually no bunks being assigned to individual inmates, so I'm not sure he can claim "it was found under another cell mates mattress"

Was he dressed out when he was in this cell, meaning did he have on the jail jumpsuit or his street clothes? If he was in a temporary holding cell and still wearing his street clothes, he may not have been strip searched and had the old brown eye closely monitored as he proceeded through the standard "cough" up the goods procedure.

There are also many cameras video taping 24 - 7 in the jails so it could be possible that he was on film handling this sack of weed.

I know you don't want to hear this, but I have to tell you, anyone dumb enough to smoke marijuana while they're locked up in a jail cell, deserves whatever consequences they may suffer as a result of doing something so stupid. You should stop worrying about his situation and not lose any sleep over it. He obviously brought all this on himself by not paying fines and disregarding the law by driving without properly licensed to do so. Then while he's locked up for those irresponsible actions, he thinks it's party time and burns a joint in the jail cell.
Face it, he needs to learn a few of life's lessons on how to conduct himself like a responsible adult. Hopefully he's learning this right now and turning down all party favorites while he's in jail this time around. He's a big boy, so it's time he learn to act like one.
 

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