what to expect next

[inamess]

What is the name of your state (only U.S. law)? California

Our daughter, 22, is awaiting arraignment for a variety of charges.

11358 HS
11377(A) HS
11378 HS
11350(A) HS
11375(B)(2)HS
Statute:273.5 PC

From what i have learned - she was initially arrested on a domestic issue, and during the act of them taking she and her roommate away the police found other things in your place.
She is a medicinal marijuana user and it sounds like she had too many growing plants - i think under 20. They must have discovered a variety of other not legal substances - enough to be problematic. She is in the midst of completing court orders from a Dui case from 1 1/2 year ago and has a resisting arrest (1 1/2 years ago also) warrant out in another county due too her not following though on some classes the court required. the domestic issue may or may not be prosecuted.

What can we expect at the arraignment?
How much time away is she looking at in terms of sentencing for these?
Is there any chance things may get changed to a misdemeanor?
She will be applying for a public defender - want her to get help with her addiction issues and don't think hiring a lawyer will send the right message to her. We just don't quite know what to do to really help her.
Is there any chance of a court ordered rehab program of some kind?

Also, she is a college student is in the midst of a full semester at school. We aren't sure if she will need to drop before the deadline passes messes up her gpa. She is re-taking classes that she failed due to the timing on her DUI incident. September 26 is her deadline for dropping classes - 3 days away.

Your help, advice or information would be greatly appreciated.What is the name of your state (only U.S. law)?

[FlyingRon]

Your friend better get legal representation. She also had better be prepared to be held satisfying the other open warrants. I suspect highly that she wasn't really complying with the medical marijuana program and of course the other drugs do not help. Her GPA is the least of her concerns. Does she have drug priors? What makes you think they won't prosecute her on the NEW domestic violence charge when she blew off her probation on a previous one?

[inamess]

Not sure about complying either - would be ecstatic to see her get help to get away from the whole lifestyle.

She was just starting to do well with school and the legal trouble and had been chipping away at satisfying the court orders. Had become concerned about her GPA as well. She was hoping to clear the dui stuff and then attend to the other thing - it is not in our city of residence. She didn't plan on avoiding much longer but was having transportation issues.

She has no drug priors nor any domestic priors - the outstanding warrant was due to a drunk in public just before the DUI.

And - just a fyi -I think of the GPA today because that is one of the many things mothers do. And - the other troubles are just too scary to think about.

I admit, we have never had many dealing with the law but isn't - is a public defender not considered legal representation?

[CdwJava]

From what i have learned - she was initially arrested on a domestic issue, and during the act of them taking she and her roommate away the police found other things in your place.
She is a medicinal marijuana user and it sounds like she had too many growing plants - i think under 20. They must have discovered a variety of other not legal substances - enough to be problematic.

Yeah ... enough other substances (likely methamphetamine) to qualify for possession for sales including cultivation of marijuana and possession of other hard drugs.

She is in the midst of completing court orders from a Dui case from 1 1/2 year ago and has a resisting arrest (1 1/2 years ago also) warrant out in another county due too her not following though on some classes the court required. the domestic issue may or may not be prosecuted.

The domestic issue is likely the least of her problems right now.

What can we expect at the arraignment?

She can expect to be asked for a plea. If she does not have counsel, the court will appoint counsel if she cannot afford her own.

How much time away is she looking at in terms of sentencing for these?

Impossible to say with any certainty. Several years if convicted on all charges and serving them consecutively.

Is there any chance things may get changed to a misdemeanor?

I'd say, no. None. Unless she has a defense attorney that can make a successful 4th Amendment challenge, she's facing a number of SERIOUS felonies.

She will be applying for a public defender - want her to get help with her addiction issues and don't think hiring a lawyer will send the right message to her. We just don't quite know what to do to really help her.

I'd agree with your reasoning. Bail her out, and she will learn nothing. She's going to go down on this whether you pay $5,000 for a lawyer or not. However, if you claimed her as a dependent on your taxes, depending on your county policies, she may not qualify for a public defender as the court will assume she has resources through you. It's probably not the case, but it's possible the court will see it that way.

Is there any chance of a court ordered rehab program of some kind?

As part of any sentence? Yes, it is possible. But, in lieu of sentencing? Not likely.

Also, she is a college student is in the midst of a full semester at school. We aren't sure if she will need to drop before the deadline passes messes up her gpa. She is re-taking classes that she failed due to the timing on her DUI incident.

Has she managed to make bail? if not, she's going to miss classes anyway.

Uh ... don't tell me you posted her bail? You're taking a risk on the collateral if you did, and the part you paid a bondsman is gone forever.


- Carl

[inamess]

Carl - thank you for the breakdown and so many answers.

I was shocked when I got to the court. They said she is not being arraigned - will be released later this evening. I asked the DA's office what to expect next and they said "we will not be filing anything as of now" I asked her to clarify - because i didn't really undertand what that meant - and she just repeated the same line. So... I guess I'll sit and wait and ask her what really happened when i pick her up.

And - no I did not post bail - don't have that much cash in the bank to let them hold interest free. And there was no way I am losing 10% of that kind of cash.

It's time for changes - thank you again for your post

[CdwJava]

What it means is that the DA probably has not received all the reports, yet, or they are waiting for tests to confirm the various substances. It might also mean there are other issues at work ... I can only guess what they might be.

Ultimately, I would NOT expect this to go away unless she got very, very lucky, and the cops were very, very stupid.

- Carl