Brother arrested on gun and under influence of controlled substance. Is there anything he can do to get drug charge dropped?

Asked about 1 year ago - Sun City, CA

His employer is aware of gun charge, however the drug charge or positive test will end his employment. Is there any way to keep this from his employer and get the charge dropped?

Attorney answers (4)

  1. Greg Thomas Hill

    Contributor Level 20

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    Lawyers agree

    2

    Answered . Certainly he can demand a retest of the urine sample or blood sample that police took. I have done this with a negative result on the retest. It is worth a try.

    What was he under the influence of? Marijuana? Did he have a valid prescription for this? Was it another prescription drug that he actually had a valid prescription for?

    Was there any Fourth Amendment violation that might allow suppression of all evidence? Was there a traffic stop that led to the charges? Was the traffic stop valid?

    Often, the prosecution will fashion a plea bargain wherein one charge is dismissed in exchange for a plea to another charge. This might be possible in your brother's case.

  2. Sholeh Iravantchi

    Contributor Level 15

    5

    Lawyers agree

    Answered . If he has a gun charged attached to his drug charge, he has more to be concerned with than end of employment. He need to have an attorney so he can contest the positive drug test along with negotiating with DA regarding possible options. At this time the arrest will indicate both charges, so employer will be able to find out. But before they become convictions, he needs to consult with a lawyer.

  3. Dan Eugene Chambers

    Contributor Level 20

    3

    Lawyers agree

    Answered . He needs an aggressive criminal defense attorney. Many of us on Avvo provide a free consultation. Get him some help ASAP

  4. Oscar Ernesto Toscano

    Contributor Level 13

    3

    Lawyers agree

    Answered . You should never admit to any criminal activity in a post. This is an open forum accessible to anyone, including law enforcement and district attorneys. In fact, you should not admit to it in a text, e-mail, facebook, and definitely not on the phone if you are in custody. If the employer did not know, the employer could now know about the drug charge because you post it here. This forum is open to all. Contact a criminal lawyer and talk to him/her in person.
    OSCAR E. TOSCANO
    Los Angeles Criminal Defense Lawyer

    I am licensed to practice in the state of California. I handle cases from Sacramento to San Diego. I have... more

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