Husband picked up on warrant; (we've finally got representation to sue PO for civil rights violations/ monetary damages).
Unfortunately, the pill in his pocket was my strong pain killer, not his blood pressure medication. The prescription is legal (for me); he had just cleaned the car, and he put it in his pocket, thinking it was his blood pressure medication.
Of course they are charging him; (it read paraphernalia and a narcotic pill- he had no paraphernalia- does that charge automatically come up with the pull charge? He just hopped out if the car to walk to store- nothing but his keys and that pill. The police might have called lint paraphernalia- I'm totally serious. I'm sure. Paraphernalia was intentionality added now.
My question: I don't believe they will prosecute. It was one pill, it's mine, 100% legal! and he thought it was his.
The issue; this county loves to charge and charge, the bail is 4X higher then anywhere rise in CA. The DA will eventually know it was his wife's legally prescribed medication, and I will testify to what happened and show proof;
Do I need to higher a lawyer, or can I get word to to prosecutor through the public defender that I will show its legally prescribed to me, and I will testify, etc. I think black letter law helps us; he did believe it was his medication, and told the cops. I read it's a factor: one must know one is carrying illegal drugs. His pills is almost identical.
The fact that they added paraphernalia makes me think it's the same old same old: resulting in a huge bail being paid for a case the DA won't try.
I do wish he could have done a drug test p; he asked but was refused.
Ever hear of a DA going after one pill, when it's the spouses, 100% legal, and spouse will testify he hopped out of the car, saw it on the floor, and put it in his pocket? He hadn't gone around the corner before cops pulled up. What's your thinking? I only concerned at bail : I can't imagine DA would go to trial