Summary
In California, if drugs are found during a lawful pat-down, you could face legal trouble, even for small quantities. Possession of controlled substances is illegal, and charges may result in fines, probation, or jail time. Some first-time offenders might qualify for diversion programs. If court proceedings are delayed, you might explore the speedy trial right under the Sixth Amendment and California Penal Code Section 1382, which mandates timely trials. Consider consulting a lawyer for personalized advice.Full Conversation
Chris
Hi Chris! How can I assist you with your legal issue today?
If an officer pat you down for weapons and you have drugs in your pocket can they can you get in trouble
In California, if an officer pats you down for weapons and finds drugs, you could face legal trouble. Here are some key points:
- Plain View Doctrine: If drugs are immediately identifiable and visible, they can be seized.
- Probable Cause: Finding drugs might give the officer probable cause for arrest.
Were you carrying a significant amount of drugs or just a small quantity?
A small quantity
In California, even a small quantity of drugs found during a lawful pat-down can lead to legal consequences. Here are some relevant points:
- Possession Laws: Possession of controlled substances is illegal, even in small amounts.
- Misdemeanor or Felony: The charge could be a misdemeanor or felony, depending on the substance type.
Could you share if this situation has already led to any charges or if you're seeking advice on potential outcomes?
Seeking advice
Case Rating: *
In California, possessing a small amount of illegal drugs can have serious consequences, even if discovered during a lawful pat-down. Here are a few points to consider:
- Possession Penalties: Charges may result in fines, probation, or jail time, depending on the drug type.
- Diversion Programs: Some first-time offenders might qualify for diversion programs instead of jail.
If you need further detailed legal assistance, it might be beneficial to consult with a lawyer. Would you like to explore any specific aspects of your situation further?
Is there any rules or laws or anything I can do about them taking too long in court I've been going to court for a misdemeanor possession charge for * and */2 years and haven't gotten anywhere with it
Case Rating: *
In California, you might explore the "speedy trial" right, which mandates timely proceedings. A delay could be challenged if it violates your constitutional rights. Here are a few points:
- Speedy Trial Right: Guaranteed under the Sixth Amendment of the U.S. Constitution.
- California Penal Code Section *: Sets time limits for trials.
Can you share if your lawyer has mentioned any reasons for the delay?