Should I hire an attorney for my court case involving being under the influence of a controlled substance?

Asked over 1 year ago - San Diego, CA

I am a college student and went to my friends party where the cops showed up for a noise complaint. Me and 14 others were in a room where I decided to try this drug for the first time (along with everyone else). I stayed in the room a little longer to fix my hair and two guys came back in to do more. I left the room and noticed everyone walking out the front door. I followed and was confronted by an officer who saw me through the window doing a line. I was identifiable because I was wearing a tribal headband that looked memorable (according to the cops). Apparently my friend was outside the window and wanted to come inside and stop me, but the officer said no, watch. So not only did he not arrest those in possession, but enabled the use of drugs. I was the only one to get arrested. Advice?

Additional information

The cops let everybody else leave the party, but interrogated me for about 2 hours prior to driving me to jail. At the station they did a urine drug test along with other tests to determine if I was under the influence (dilated pupils, heart rate, eyelid fluttering... etc.). They released me without bail, so it was simply book and release at the jail. Also, I was underage drinking.

Attorney answers (5)

  1. Peter Charles Blair


    Contributor Level 11


    Lawyers agree

    Answered . It may not be necessary to hire an attorney in your case. However, because you stand to face 90 days mandatory in jail, you should certainly discuss the matter further with an attorney regarding other options, such as diversion or rehab, in lieu of jail.

    Please feel free to call Attorney Peter Blair for a FREE consultation. (619) 525-7005. Law Office of Vikas Bajaj,... more
  2. William Peter Daley

    Contributor Level 17


    Lawyers agree

    Answered . If you want to have an attorney there fighting for you, then you should hire an attorney. An attorney will be able to assist you, and hopefully eliminating or minimizing any potential jail time that you might face. Most of us offer a free consultation.

    I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
  3. Mark Lawrence Deniz


    Contributor Level 15


    Lawyers agree

    Answered . There may be a chance the prosecution does not issue charges. However, that is not unlikely.
    If it is an under the influence charge there is a 90 day mandatory jail and/or intensive drug programs.

    I would suggest looking at some private attorneys in the area that offer free case evaluation.

    It is key that you hire the best locally experienced criminal defense attorney to represent you that you can afford. You should obtain a free consultation as soon as possible. Good luck.

    Law Offices of Mark Deniz
    1010 2nd Avenue, Suite 2307, San Diego, California 92101 (858) 751-4384
    Free Case Evaluation- Serving all San Diego County.

    This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient... more
  4. David Philip Shapiro


    Contributor Level 18


    Lawyers agree

    Answered . Yes you should as you want to deal with this case proactively and not reactively meeting your appointed attorney at your first court appearance.

    Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
  5. David Michael Boertje


    Contributor Level 12


    Lawyers agree

    Answered . At the very least you should speak to some lawyers over the phone or in person regarding the specifics of your case as many of us criminal lawyers offer free consultations. You want to minimize the impact this could have on your record and also want to minimize the punishment. A lawyer can advocate on your behalf and will know what issues to present to the prosecutor to negotiate a successful resolution. Additionally, there might be legal defenses to your case that could potentially lead to an outright dismissal.

    David M. Boertje, Esq.
    (619) 229-1870

    Feel free to contact my office for a free consultation at 1-888-476-0901

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