Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

1. I am a licensed attorney with criminal law experience. I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.

2. "WHAT DO THESE CHARGE CODES MEAN?" The ones with "PC" behind them are provisions from the California Penal Code. The one with "HS" behind it is a provision from the California Health and Safety Code. 529.3 PC = Theft; 459 PC/461.2 = Burglary; 182 (A)(1) PC = Theft; and 11368 HS = Drug Offense

3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I hope all works out.

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

Hello again,

Thanks for writing back -- good to hear from you.

I will be glad to comment further -- please see below.

Before I address your inquiry, however, I want to take a moment and say a heartfelt thank for your payment and especially your kind words -- greatly appreciated!

Now, on to your most recent post.

1. "SO WHY SO MANY CHARGES??" Frankly, I share your confusion based on the scenario you have described. Burglary means actual breaking and entering, and nothing you have described sounds remotely applicable. The drug offense charge certainly makes sense, but I have to say it is really the only one that does as the two theft charges are baffling as well. Truthfully, though, it is not at all unusual for the charges to change substantially between what the police initially allege and what the prosecutor decides to go with in the case.
2. "AND SINCE I WAS RELEASED WHY DOES THE CHARGE SAY TWO OR MORE INVOLVED. " This makes more sense as it works like this. A conspiracy could even involve two people who have never met. Assume this just as a hypothetical illustration. I am in New York and you are in California -- opposite coasts. We begin chatting online or by telephone about forging a prescription (to stick with the same facts.) You go out and do so at a pharmacy in California. You are arrested, and one of the charges is conspiracy. I may or may not even be arrested. I may be what is called an "un-indicted co-conspirator". As long as the other person participated in some manner, however, the elements of a conspiracy can usually be fulfilled. It is much easier to meet than showing that two or more people formally sat down, planned out a crime, and executed it together.
3. "WHEN WILL HE BE ARRAINED FOR THESE? WITHIN 48 HOURS?" Yes, you are correct in your understanding on the 48 hours. California Penal Code § 825
4. "SHOULD I FIND A LAWYER?" Yes. Here is why I make that statement, and I am not going to pull any punches. None of these comments are meant to be anything personal against your husband or your marriage. However, a real advantage can be gained by being the first to give your side of the story. In other words, it seems that your husband is the true "target" here and you just got mixed up along the way. Given the way that the conspiracy laws work, you need to confer with your own legal counsel without delay. You could schedule a consultation with a local criminal defense attorney (either for free or a very modest fee) through the Lawyer Referral Services Program. Honestly, you should do so today. I do not at all mean to frighten you, and it is certainly an encouraging sign that you were not detained. However, my very best recommendation is to go ahead and speak with a lawyer in confidence.

I hope that helps a bit more and that all is resolved appropriately for both of you.

Take care and thanks again for choosing JustAnswer®!