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S. Huband, Esq.
S. Huband, Esq., Attorney
Category: Criminal Law
Satisfied Customers: 1628
Experience:  Experienced and knowledgeable criminal defense attorney.
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Husband picked up on warrant; (we've finally got representation

Customer Question

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.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  S. Huband, Esq. replied 2 years ago.
Thank you for the opportunity to assist you and thanks for requesting me.

Q) 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?
Yes, the DA can go after this, I've seen it happen. Having just one pill is enough to sustain a conviction if the evidence is otherwise there to show knowing and intentional possession of a schedule I/II drug.

You're right that your husband has a very strong defense. He didn't knowingly possess a schedule I/II drug in that he didn't realize what was in his pocket. He knew a pill was there, he just didn't realize it was yours and not his.

As for the paraphernalia charge, I don't know where that's coming from, based on the facts you've presented. It sounds like that was wrongfully charged and hopefully will be dropped very soon.

You can testify at trial and help the judge or jury which decides the case (assuming it gets that far) to understand the circumstances of how he came into possession of the pill. Your testimony will help corroborate what he says happened and will explain why he's not in illegal possession of the pill.

Keep in mind, however, that you can only talk about what you saw, what you did, etc. You can testify that the pills are yours, you can present records to show you have a prescription. You can show that the pills look very similarly. It's up to your husband to testify and talk about why he had the pill in his possession. Only he can say he mistook it for his BP pill and provide context for what he was thinking at the time of the alleged offense to show that he did not intentionally (i.e. criminally) possess the scheduled I/II pill.

Yes, I think your husband should be represented by an attorney, whether it's a public defender or someone else. The best way to get the message across that there is no case here is through an attorney, not by you faxing over a summary of your husband's defense to the DA's office. The DA is not going to read what you wrote and say, "Oh golly, that explains it! I guess we'll have to drop the charges..." They don't do that, generally!

What I'm wondering is why was he stopped by the cop in the first place? Was he wanted on some other charge? How did the cop wind up searching him?

I hope my response has been helpful. If you have follow-up questions or concerns on this topic, please ask. I'll get back to you as quickly as I can, although I may not be online at the moment you respond.

Otherwise, I hope you will rate my answer positively as that is the ONLY way I receive credit for my work, and doing so will NOT cost you an additional fee.

Best wishes to you,<br/Customer
Customer: replied 2 years ago.

I just wrtoe, asking about civil rights and parolees. csn you get the thread? His PO has put out a warrant the day after my husband gets out from jail on the previous. PO has told him that no matter if he is 100% compliant! he will keep putting him in jail.

We realized the PO meant it; and gathered up proof that every warrant was perjury. Counted up the lost jobs, wages.

This officer truly believed no one would bother to question his actions, and if a parolee did, no one woukd believe him. im sickened at law enforcement. I often think of selling it all and leaving the country. I kid you not. Thus PO set out to destroy a parolee : a disabled parolee. I was asking about the civil rights of a parolee- my guess is it's much much harder to violate them, or to be heard. In our case, we had no choice but to attempt to expose this officer. If we didn't, Parole would last 10 years. It's already 8 months past the end parole date. We had no choice but to go up against PO.

Expert:  S. Huband, Esq. replied 2 years ago.
I completely understand your frustration. Not all police or probation officers are bad people, but when you have to deal with those who are, it can be a very daunting task.

Yes, I did see your other thread and I'll respond to that thread separately.

As for the questions raised on this page, if you have follow up please let me know. Otherwise, I hope you'll rate my answer positively so I can receive credit for my work. Doing so will not cost you an additional fee.

Best wishes to you and your husband,<br/Customer