Items were in motel and co-defendant was on probation so naturally probation sweep, If my co-defendant is on probation shouldn't they get the charge instead of me??? I simply did not consent to any police interrogation, bailed out codefendat still remanded for a month now, court coming up real fast, what are some good questions I should I ask my PD before arraignment that will help me beat this, I don't see how this could become a conviction, neither of us were using and they never tested us could it still swing in the direction of personal use and plea out with a program?, what are my chances of out-patient? I have completed a 1yr residential before so im not looking to do that again? Any advice would help.
I strongly advise you to retain a private attorney to advocate on your behalf before any charges are filed. A public defender will not do this because they only receive appointment once charges are filed and you have to appear in court. You raise some interesting facts but there is not much I can tell you without seeing the reports except that it is possible that both of you get charged for possession of a controlled substance, and you may be eligible for a drug program.
Hire a private attorney immediately to try to prevent the DA from filing against you. If you wait for the PD, the charges will have been filed, and the fight is on. If on probation, you may be illegible for revocation and reinstatement same terms and conditions depending on the circumstances. But it would be better to try to cut this off before it happens if possible at this late date.