Possession of Cocaine

[phlinster]

What is the name of your state? CA

I was arrested recently at the airport for the possession of a small amount of cocaine (about 2 grams). I was taken into custody and transported to the detention center where I was searched, fingerprinted, and photographed. Fortunately, I was able to bail myself out the same day.

I have some questions regarding my arrest. First, at no time was I ever told what I was being specifically charged with. I did look over at the form the officer was filling out and saw "possession of cocaine," but at no time did he tell me. Secondly, at no time was I ever told of my (Miranda) rights. And third, the officer did question me, but he did not write anything down or make out a written statement. Are these the standard procedures, or did the arresting officer make a mistake?

Finally, my court hearing is next month. Should I retain a lawyer for this hearing? Can I request copies of my case to be sent to me? The arresting officer, who was actually pretty sympathetic to my case, said that the judge would probably just assign me to drug court. What are the changes of having my case dropped because of the above?

Thanks in advance.

 

[garrula lingua]

There was no error on the part of the cop.

Even IF a cop doesn't Mirandize you, and you are questioned while in custody, it only means that what you say should not be used (without objection) in court against you (sometimes, there is no objection).
Your statement obtained in violation of Miranda can, however, be used as rebuttal testimony.

In OP's case, there was no violation.
You are facing a felony conviction.
You have the right to DEJ or Prop 36, depending upon your history (if no other drug convictions, you qualify for DEJ).

 

[phlinster]

Thanks, do you feel I should get an attorney for this case? What are the benefits of DEJ (deferral of judgment?) over Prop. 36? Are these the same as a diversion? Do I have to enter a guilty plea in both cases, or can I enter a not-guilty plea first and then ask for DEJ, Prop. 36, or a diversion?

One more thing: is it possible to contact the prosecuting attorney in advance of my court hearing to discuss the possibility of a DEJ, etc.? If so, would it be as simple as contacting the court?