This involves criminal law for the state of: California. I am rushed so I apologize for the poor sentence structure and spelling errors but decided I wanted to get some thoughts on this matter. NOt really sure if I even have a question but here goes:

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I was arrested May 2007 for being under the influence of drugs. ((11550)) I was feeling ill while driving home from the store so I pulled into a nearby apartment building and parked. I thought I was going to pass out...sick to my stomach....etc. For me to pull over, it was pretty bad.....especially since I was only a few blocks from my home. I was parked for a total of ten minutes when the cops arrived.

Someone in the apartment building saw me and called the police (she thought I needed medical help- I had put my head in my lap. The car was not on and I wasn't blocking anybody. The poor neighbor thought she was helping...but when the cops arrived, they determined I was under the influence of a controlled substance.

They were polite..I was polite (ill) but I still ended up in jail. I took the urine test and to my surprise a few weeks later it showed positive.
My public defender arranged for me to have the second test done because I had been taking a diet product that had ephedra) - nothing which should have caused me to get ill but perhaps the reason for a false positve. He asked me to bring the bottle in so he could review it and asked if I had any of these pills left. I had two. He instructed me not to bring the pills to the courthouse, just the bottle. He was going to show it to the DA and try to get the case dismissed. He asked me to hold onto the remaining two pills.

The product btw was a diet pill that was legal but only sold over the internet.

Anyway, I took the second test expecting to be cleared but it too came back positive.

Since I knew there was just no way the tests could be right, I did a little research and found out that I could take a DNA test...the idea being my sample had somehow been tainted. The court arranged for me to take the test.

I thought a happy ending was in sight, but that too came back saying the sample was mine and mine alone!! If you have ever been accussed of something you haven't done, you can imagine how I felt .

I was in shock. Now granted I knew I wasn't going to jail and that I could do the DEJ program, but still...I was going nuts. I have plans to apply for a govenment teaching program next year, and although a person's record is cleaned up upon successful DEJ completion, the exception is when it applies to a government job. They would learn of the arrest and the DEJ program, and I have been told I would no longer be eligible to apply.

I met again with my very busy public defender and we discussed the idea of the diet pill I had been taking possibly being tainted. He instructed me to send the last sample I had to their lab (up north.)

I called the lab for instructions on how to send it which they gave me. They were very clear just to send one of the pills and keep the other in case they lost it or something. They asked about the original bottle which I told them the Public Defender had. They told me that was fine. We are now in Dec of 2007 btw to give you a timeline.

At this point my public defender was rotated out (they move around a lot) and I got assigned somebody new. She is very green and very rushed all the time. Doesn't like to answer questions....anyway she was given my case history and the empty bottle and knew the whole story.. She had to fill out the paperwork on behalf of the court so the lab could move forward and test the pill.

It took a while because she forgot to send in the paperwork, but finally did and one month later the lab reports that indeed the pill was tainted.

The DA was told but to everybody's surprise said they weren't backing down because they felt I should know better (I kid you not) By the way, I have no history or past with the law. In my whole life (I am 46 year old white male- look much younger) I have had one parking ticket. I don't drink and I have never tried controlled substances (at least that I was aware of). I have several letters from charity groups I work with locally thanking me for my contributions to the community.
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I had an injury a few years back which stopped me from being able to work. I have been living off of savings...have no medical coverage anymore so have gone broke BUT have been recovering nicely and the doctors say by the end of this year I should be able to return to work. But as a result can't not afford a private attorney. Believe me I have checked around for free advise all over the place.

MY PA said we should go to trial because she felt we would win and the DA was being frivolous. . Of course no promises were made that I would win 100%, but the defense was I was not repsonsible if I consumed something unwilling. I got home that same day after meeting with her and found a message from my her saying that my case was not a good one afteralll, since the LAB told her that the judge would not let them testify. Afterall, all they had was a pill, they really needed to do another test using a sample that came from the company itself directly to them and there was no more time.

My PD then started telling me off saying I shouldn't have sent the pill in and that I really should just go for the DEJ. I had no case.

I was surprised but more to the point not sure if I believe her. Why was I told to send the pill in then only to be told it didn't matter...she didn't answer and said she had to go.

I understand human error , but my question is just because the lab can't say how it got tainted without their strict process, doesn't mean it wasn't tainted. At the very least the jury could be told of the drug being tainted as long as it is clear that nobody can prove how it came to be tainted.


I have lost faith in this Public Defender and wonder how to find out what is the truth here. I almost feel like she wants it swept under the table because she should have known better. I have no interest in blame, and if that is case then so be it. But I can't shake that I think she is wrong....that with a strong argument, the judge would allow it to be brought up in trial.

The DA has to prove I took the drug with full knowledge. He has the tests that show it was im my body, but if the pill itself can be introduced, then he can't prove I knew what I was taking. That is what the PD told me originally.

I will say for my own personal sanity, I am relieved to know why I tested positive. However to be told it can't be presented to the jury seems wrong. Maybe I should just shout up and take the DEJ before somebody implies I mailed with full knoweldge a controlled substance in the US mail.

One last point...my doctor who has known me for years and was watching to be sure I didn't suffer any problems taking this diet drug was going to testify on my behalf as well as some friends and family as character witnesses - all of whom will say they have never seen me involved with illegal drugs and knew I had been on this diet supplement for a few months. This isn't something that just came up because I was arrested.

By the way, to top all this off....these pills are not available anymore. The company changed the name and packaging to a product that has the word METH in its title (alhough according to them, not in the indgredients.)

At this point, with no money, I am guessing the DEJ is my only option and the government job is out the window. I plan on talking to the PD who assigns PD to defendants, but have been told not to expect much.

I read about a case where a woman was arrested for drunk driving, but was let off because she claimed her juice drink had been spiked. Although they never found out who spiked their drink, the DA believed it had been.

I have never met the DA but sometimes I feel like going over to the courthouse and ask if they could hear my story directly. I mentioned that to a clerk at the courthouse who told me the DA does not meet with defendants.

If anybody knows anything that could help let me know.