Drug Possession and Burglary Charges

[PattyP]

My question involves criminal law for the state of: California

So my boyfriend got arrested after he stole a backpack from a unlocked vehicle
They found a gram of heroin and 4 grams of crystal meth and 5 needles on him. All for personal use.

They have charges for burglary and possession.
He isn't in jail at the moment they let him out after 6 days but he has court today.

My question is what is the max amount of time he could do and what is the minimum consequences he could face.
Could he get off with mandatory outpatient. Also could they get him for another charge like conspiracy to distribute?
His phone was taken as evidence and the text messages were about selling and buying drugs but nothing to specific.
Using words like white and black to talk about the drugs? Sorry if this was too long. Its only my first couple minutes here.

[flyingron]

He should not be guilty of burglary if the car was unlocked. Unlike dwellings (or things like them), vehicles are required to be locked to count as burglary. Of course, they could (and probably did) charge him with theft as well. The driving charge will be the meth possession which could give him three years in prison. The others are good for a year.

The best benefit is probation on the theft charge and one of the drug diversions on the drug charges.


He NEEDS a lawyer.

[PattyP]

He should not be guilty of burglary if the car was unlocked. Unlike dwellings (or things like them), vehicles are required to be locked to count as burglary. Of course, they could (and probably did) charge him with theft as well. The driving charge will be the meth possession which could give him three years in prison. The others are good for a year.

The best benefit is probation on the theft charge and one of the drug diversions on the drug charges.


He NEEDS a lawyer.

Thank you for such a quick reply.
I hope that since he put himself into a inpatient program a couple of days ago they will see he is getting help.
I think they appointed one to him, we dont have the funds to pay for one.
Also i think the window was rolled down. Not the car was unlocked. So maybe thats why the charges say burglary.

[flyingron]

Even so, I would argue that it's not burglary. Unless the backpack had something in it or was some crazy designer thing, it's likely only petty theft. The meth possession can be charged either as a felony or a misdemeanor.

[tc498]

Those are 2 hard drugs,I would guess he facing 3 felony charges.

[cdwjava]

My question involves criminal law for the state of: California

So my boyfriend got arrested after he stole a backpack from a unlocked vehicle
They found a gram of heroin and 4 grams of crystal meth and 5 needles on him. All for personal use.

They have charges for burglary and possession.

What code sections was he arrested for?

And if he stole from an UNlocked vehicle, then either the officer erroneously charged him and it will be modified to theft at arraignment, or, your BF fibbed to you and it was NOT unlocked.

My question is what is the max amount of time he could do and what is the minimum consequences he could face.

That depends on the specific statutes under which he is charged and what prior convictions he has. it could be anywhere from nothing to a few years in state prison. Most likely drug treatment and some county jail time and a few years of probation.

Could he get off with mandatory outpatient. Also could they get him for another charge like conspiracy to distribute?

I don't know, could they? Is he a dealer or someone who gicves dope to friends? If so, then, yeah, they might charge him with distribution if they can show that the dope or paraphernalia he had was for someone else.

His phone was taken as evidence and the text messages were about selling and buying drugs but nothing to specific.

Oops! Well, that could cause a lot more problems!

- - - Updated - - -

Thank you for such a quick reply.
I hope that since he put himself into a inpatient program a couple of days ago they will see he is getting help.

Or, they will see that he's trying to dodge responsibility.

If he wants to get clean and sober for his own sake, great - he needs to. But, that won't shield him from the other offenses.

Also i think the window was rolled down. Not the car was unlocked. So maybe thats why the charges say burglary.

rolled down, rolled up, it shouldn't matter. if the vehicle is UNLOCKED, it should not be charged as burglary.