Prosecutor Won't Reduce Felony Charge if I Testify On Behalf of My Codefendant

[Dasuriano]

I was stopped for a traffic violation. During that stop my passenger picked up some charges that were completly false. My stop was a DUI. The officer also found a illegal pocket knife (switchblade) which is a misdemeanor in my state. The DA changed the charge before we appeared in court to a felony calling it a dirk/dagger. My passenger has a trial coming up and I was told if I testified on behaf of my co-defendant, that they will keep the felony charge and I will receive the maximum time. This felony will certainly ruin my ~20 year finance/accounting career. It seems like the Judicial Branch and the Executive Branch are in Conscert with not wanting the truth to be told in open court. What are my options? I was laid-off from the company of 17 years I worked as my position was outsourced overseas. Over the last year and a half I have exausted my savings as I have 4 young children to care for so I am stuck with my public defender that seems to be very over worked.

[souperdave]

Co-defendant? You have a DUI charge and your passenger has a CCW charge? I'm not seeing where the corelation comes in, other that both offenses occurred at the same time in the same vehicle.

Are you charged with felony DUI? And how could your testifying on their behalf be relative? Your cases are not all that complicated and (seemingly) unrelated. You either were or were not DUI. You passenger either was or was not CCW.

[cdwjava]

I was stopped for a traffic violation.

What state are you in? Why were you stopped? What is the statute that you are now being charged with violating?

During that stop my passenger picked up some charges that were completly false.

And those charges would be .... what? And why are they "false?"

My stop was a DUI.

More than likely the stop was for a traffic violation and the resulting contact led to a DUI arrest. Correct?

What state and what statute was charged for the DUI?

The officer also found a illegal pocket knife (switchblade) which is a misdemeanor in my state. The DA changed the charge before we appeared in court to a felony calling it a dirk/dagger.

This is where the name of the state is important.

But, was this pocket knife/switchblade in your pocket? In your car? Somewhere else? Was the blade in a locked position when it as found? Why are they charging it as a dirk/dagger?

My passenger has a trial coming up and I was told if I testified on behaf of my co-defendant, that they will keep the felony charge and I will receive the maximum time.

A trial for what offense? Told this by who?

And, yes, you can testify on behalf of the other party, but you might want to run that by your attorney as you might be admitting to guilt yourself ... depending on what the two of you have been charged with.

What are my options?

Fight your criminal charges, or plead guilty. If you testify on behalf of your friend you might be forced to admit something that can be used against you at your trial. You may want to ask your attorney about the possibility of quashing any subpoena requiring you to appear, or, ask about invoking your 5th Amendment privilege on the stand.

[Dasuriano]

Superdave et. al. : I was stopped in Stanislaus County (central Valley) in California. The reason I was stopped is because my car was weaving. I was driving my classic car at the time and the car had suspension issues which caused the steering to be sloppy (probably dosen't matter, but part of the story). The officer smelled alcohol so he initiated the field sobriety test. My passenger started to film the event with her camera. The officer did not like that and told her to stop filming in the middle of the tested. She did not comply with stopping the filming and the officer seemed very upset. He grabbed for the phone and my passenger and ruffed her up really bad. When all was said and done, the passenger suffered a broken foot, bruises, abrasions, and torn muscles. The officer charged her with resisting arrest, assaulting a police officer, etc. Since those offenses did not happen, I believe the officer may be trying to divert attention from the injuries he caused? Not sure the motive there. That is were I need to testify. The officer was not honest so I believe the right thing is to tell the whole truth. I was advised to invoke my 5th Amendment right in the event of a trial, but that leaves my codefendant going up against a dishonest officer.

After my codefendant was cuffed, the officer asked if I had any weapons. I said that I had a pocket knife. I took the closed knife out of my pocket and placed it on his cruiser. When I was booked I was charged with a DUI and possession of a switchblade knife. When I showed up to court the switchblade was changed to dirk/dagger.

There is irony to all of this... My Grandfather, whom is a retired detective, gave me the knife.

[cdwjava]

[QUOTE=Dasuriano;624692]

I was stopped in Stanislaus County (central Valley) in California. The reason I was stopped is because my car was weaving.

Okay, so there appears to be reasonable suspicion to justify the stop.

The officer smelled alcohol so he initiated the field sobriety test.

A standard response in most cases.

My passenger started to film the event with her camera.

Where was the passenger at the time she was filming? Out of the car? In the car? Walking around the two of you?

In general, there is no law in CA that would prohibit her from filming the contact. BUT, the officer does have the lawful right to control the scene for his safety and as such could have directed the passenger to remain in the car, sit on the curb, or otherwise sit in a controlled space or position.

The officer charged her with resisting arrest, assaulting a police officer, etc. Since those offenses did not happen, I believe the officer may be trying to divert attention from the injuries he caused?

If the passenger resisted and struck or pushed the officer during the course of the struggle, and assuming the actions of the officer were legal, then arguably she DID commit those offenses. The key will be whether or not the officer had a right to try and enforce his command, and whether there was more to the situation than the filming.

After my codefendant was cuffed, the officer asked if I had any weapons. I said that I had a pocket knife. I took the closed knife out of my pocket and placed it on his cruiser. When I was booked I was charged with a DUI and possession of a switchblade knife. When I showed up to court the switchblade was changed to dirk/dagger.

That probably won't fly unless they are alleging the blade was extended at the time it had been concealed. Otherwise, if it is a switchblade then it should be a misdemeanor. What code section(s) have you been charged with? Are you still charged with the DUI?

[jk]

two things very odd about your story:

since you passenger was recording the situation, everything, including the demand to stop recording and the grab at the phone should be great defense to the cops statements.

then, I cannot imagine any cop handcuffing your passenger and not the driver, who was the actual subject of the initial contact and then, after asking of you had a weapon to allow you to remove it from your pocket.

Just very unlikely to happen in today's society.


So, what really happened?

[Dasuriano]

The DUI is what it is... She was half in the car half out... The car door was open so she could lean out to film. She was on the opposite side of traffic (logically no danger there). She was ~20' from the officer and I. There defiantly was not enough time to resist. It was seconds from the time she was grabbed til the time she was cuffed. This guy was very good at martial arts or something. Just to put things into perspective... The passenger is 5'2 and a lean female and the officer is "buffed" (not sure what to call it) man.

The knife was closed.

Penal Code 21310. Except as provided in Chapter 1 (commencing with Section
17700) of Division 2 of Title 2, any person in this state who carries
concealed upon the person any dirk or dagger is punishable by
imprisonment in a county jail not exceeding one year or in the state
prison.

21390. The unlawful concealed carrying upon the person of any dirk
or dagger, as provided in Section 21310, is a nuisance and is subject
to Sections 18000 and 18005.

- - - Updated - - -

JK: Thats the first thing we thought too... We got the phone back from the department and the phone did not work. We took the phone to AT&T and they said that the phone suffered "water damage" (we have proof of that). Gave the SIM card to the attorney to so they could have an "expert" recover the data. No data was able to be recovered.

I was handcuffed after she was... The reason she was handcuffed first is because we were in the middle of a field sobriety test when he walked over and grabbed the phone.

[jk]

The car door was open so she could lean out to film. She was on the opposite side of traffic (logically no danger there). She was ~20' from the officer and I. There defiantly was not enough time to resist.

apparently you are not understanding what "resist" means.

When the cop attempted to make contact with her, for whatever reason, and she did not comply, that was resisting. Given her injuries, I would suspect she resisted...a lot, especially given your comparison of the two parties involved. As you said; what resistance can she offer to a big ol' buff cop? Well, if she was so unable to resist, he would have had her subdued in very quick order and her injuries would be minimal. If she fought a lot, there is more time to sustain injuries as the cop has to escalate his tactics further and further until he was successful in cuffing her.

and especially since the cop was 20' away, she should have a great recording of the officer approaching her making a demand to stop recording and of the initial attempt to take the phone.

and he allowed you to remove the knife from your pocket? after announcing it was a knife even?

16470. As used in this part, "dirk" or "dagger" means a knife orother instrument with or without a handguard that is capable of readyuse as a stabbing weapon that may inflict great bodily injury ordeath. A nonlocking folding knife, a folding knife that is notprohibited by Section 21510, or a pocketknife is capable of ready useas a stabbing weapon that may inflict great bodily injury or deathonly if the blade of the knife is exposed and locked into position

Kind of wondering how the reconcile the statement that a non-locking folding knife can be considered a dirk if the blade is exposed and locked into position but that's beside the point.


for your knife to qualify, as Carl said, the knife had to be in the open position. How long was the knife while closed? How long when open?

[cdwjava]

It sounds as if the officer's actions might have been excessive. But, the officer would almost certainly have had the right to order her back IN the car. Had she refused, THEN she might be subject to arrest and at that time the officer would be lawfully permitted to use that force necessary and reasonable to affect the arrest or gain compliance.

And I cannot pretend to know what they are basing their definition of a dirk or dagger on if the knife was a closed switchblade knife. You may have to wait until you get a copy of the complaint and the police reports in discovery ... though, I presume that your attorney has these.

[jk]

JK: Thats the first thing we thought too... We got the phone back from the department and the phone did not work. We took the phone to AT&T and they said that the phone suffered "water damage" (we have proof of that). Gave the SIM card to the attorney to so they could have an "expert" recover the data. No data was able to be recovered.

I was handcuffed after she was... The reason she was handcuffed first is because we were in the middle of a field sobriety test when he walked over and grabbed the phone.

take the battery out of the phone, put the phone and the sd card (outside of the phone) in a bowl of rice or if you can get them, a bunch of silica packets. Leave it there for a few days to a week and try to restart the phone.


so, in addition to the conspiracy claim in your first post you are suggesting they damaged the phone so there would be no evidence?