Drug Crimes, Substance Abuse confidential document (discovery)

[searching 4truth]

Jurisdiction

California

my sister was arrested with her boyfriend. she is in the process of going to court. he was arrested also but he isnt going to court. they both were released on o.r. she had a confidential document (discovery) in her online case information file. his arrest doesnt even show up not online and there is nothing when information was sought in person in the courthouse. without a lawyers assistance is there any way she can view this document in order to understand the seriousness of her case to determine weather or not we need to try to acquire funds to get a lawyer. and could this be that her boyfriend accused her of being the sole person responsible for the crime and is helping to convict her so that he doesn't have to take any responsibility for his involvement?

 

[army judge]

could this be that her boyfriend accused her of being the sole person responsible for the crime and is helping to convict her so that he doesn't have to take any responsibility for his involvement?

It could very well be the male has made a deal with the prosecutor to testiLIE against your sister for a lighter sentence, or no sentence at all.

It might also be the male is ratting out his associates to have his bad acts ignored.

Here's an example.

The male, I'll call him Rat, might know about a rape, an armed robbery, a drug dealer, or even a murder.

Rat cuts a deal to testiLIE against one or all four of the perps, prosecutor shakes Rat's paw, stuffs a few bits of cheese in his hairy cheeks, and agrees not to prosecute Rat so long as he RATS out the others.

Either way, in my hypotheticals RAT scurries away to perpetrate more cheese heists.


Your sister should not discuss the case with the police or the prosecutor.

She should appear in court as directed, plead NOT guilty, and ask the judge if she qualifies for a public defender.

If the police ask to speak with her, she should be polite and say, "Sorry, I want a lawyer, and I invoke my right to remain silent."

She should also watch this video:

 

[mightymoose]

She needs an attorney regardless.
The confidential document may be something as simple as a record ofnamess, addresses, phone numbers, and other sensitive information not intended for public release.
If she can't afford an attorney she can ask the court to appoint one.

 

[searching 4truth]

It could very well be the male has made a deal with the prosecutor to testiLIE against your sister for a lighter sentence, or no sentence at all.

It might also be the male is ratting out his associates to have his bad acts ignored.

Here's an example.

The male, I'll call him Rat, might know about a rape, an armed robbery, a drug dealer, or even a murder.

Rat cuts a deal to testiLIE against one or all four of the perps, prosecutor shakes Rat's paw, stuffs a few bits of cheese in his hairy cheeks, and agrees not to prosecute Rat so long as he RATS out the others.

Either way, in my hypotheticals RAT scurries away to perpetrate more cheese heists.


Your sister should not discuss the case with the police or the prosecutor.

She should appear in court as directed, plead NOT guilty, and ask the judge if she qualifies for a public defender.

If the police ask to speak with her, she should be polite and say, "Sorry, I want a lawyer, and I invoke my right to remain silent."

She should also watch this video:

i want to know if she takes it to trial ....lets say shes saying what she had was personal...and he (her boyfriend) says "no, she had intentions of selling what she had." if it goes to trial would he have to get up on the stand to testify that he had knowledge of her intentions to distribute? or would the d.a. feel he had enough evidence to prosecute without needing a witnesses testimony?

 

[zddoodah]

my sister was arrested with her boyfriend. she is in the process of going to court. he was arrested also but he isnt going to court.

Given your statement that both were released on OR, what exactly do you mean by "going to court" in this context, and why is your sister going but her boyfriend not going? Also, what were they arrested for, and how long ago were they arrested?

she had a confidential document (discovery) in her online case information file.

What "file" are you talking about? Are you talking about something you accessed at the court's web site?

his arrest doesnt even show up not online

Records of arrests are not publicly available online.

without a lawyers assistance is there any way she can view this document in order to understand the seriousness of her case to determine weather or not we need to try to acquire funds to get a lawyer.

Since we have no way of knowing what this document might be, and since you didn't tell us where you saw it, we have no way of answering this question. That said, if she has been charged with one or more crimes, she should hire the best attorney she can afford or ask that a public defender be appointed.

She should also not discuss this matter with anyone other than her lawyer, including you. Anyone other than a lawyer (or priest/clergy member) can be compelled to testify about what she told you.

could this be that her boyfriend accused her of being the sole person responsible for the crime and is helping to convict her so that he doesn't have to take any responsibility for his involvement?

In the abstract, virtually anything, including this, is possible.

 

[zddoodah]

i want to know if she takes it to trial ....lets say shes saying what she had was personal...and he (her boyfriend) says "no, she had intentions of selling what she had." if it goes to trial would he have to get up on the stand to testify that he had knowledge of her intentions to distribute?

So this is a drug case?

If the DA wants to take the case to trial based on the boyfriend's testimony, then yes, the boyfriend will have to testify. That's kind of a "duh," don'tcha think?

or would the d.a. feel he had enough evidence to prosecute without needing a witnesses testimony?

How could we possibly know how some DA in one of California's 58 counties might "feel" about a particular case. We're obviously not privy to any of the evidence.

 

[army judge]

if it goes to trial would he have to get up on the stand to testify that he had knowledge of her intentions to distribute?

If Rat does testiLIE against her, which is simply speculation, yes he would have to do so under oath in open court. However, her attorney will discuss ALL of that with her.

At this point, all she needs to know is this video:

She pleads NOT guilty, asks the judge if she qualifies for a public defender, smiles, and shuts up!

would the d.a. feel he had enough evidence to prosecute without needing a witnesses testimony?

Again, you and I don't know enough to accurately answer that question.

Furthermore, her attorney will address ALL of that and MORE with her when the time comes.

 

[searching 4truth]

Given your statement that both were released on OR, what exactly do you mean by "going to court" in this context, and why is your sister going but her boyfriend not going? Also, what were they arrested for, and how long ago were they arrested?



What "file" are you talking about? Are you talking about something you accessed at the court's web site?



Records of arrests are not publicly available online.



Since we have no way of knowing what this document might be, and since you didn't tell us where you saw it, we have no way of answering this question. That said, if she has been charged with one or more crimes, she should hire the best attorney she can afford or ask that a public defender be appointed.

She should also not discuss this matter with anyone other than her lawyer, including you. Anyone other than a lawyer (or priest/clergy member) can be compelled to testify about what she told you.



In the abstract, virtually anything, including this, is possible.

not sure how the laws are or what is accessiblein the state or county you are familiar with but if a person is arrested this can be found online and documents in san bernardino such as "confidential document" "discovery " or sesslin affidavit being filed is seen as well. at least i can see it in her file. each county that i am aware of in southern california has an open access portal. this doesnt give all the information or even as much as one might get requesting to see the case file but it gives a summery of information of minutes and preceding taking place, actions, and documentations filed, it also includes sentencing and fees or fines. all publicly accessible with the knowledge of first and last name. and being let out of jail on an o.r. of course she would have court dates that follow. as should he unless the d.a. decides to reject the case and drop charges.
when i was asking if he would need to testify ....isnt it viable that if the d.a. felt he had all the proof he needed to get a conviction that he wouldn't need to call a witness, especially if he has been helpful or is being used as a resource to aid law enforcement in arrests of others as well? so it isnt a duh question im asking if this is possibly a practiced in what some might define as a pursuit for/of justice. yet i know she has the right to face her accusers. but considering that it is a confidential document....what that document contained was his witness testimony against her does it even need to be revealed that there was ever a witness if police legitimately pulled their vehicle over and subsequently found the illegal drug in the car, and charged both of them for it would it even be revealed to the court that he said that it all belonged to her and her intention was to distribute ? maybe changing the charge for her from possession to possesion of sales gave him a get out free ticket especially seeming possible considering that their source was arrested a week and a half later. and hes walking around without needing to go to court charges dropped and having a past record, and being on probation for a similar case....she was not

 

[searching 4truth]

and the other thing i wanted to know is there a way to see this document or if she hires an attorney will he be able to view this document? it says "confidential document filed" and in the comments concerning this document it says "discovery" it was filed the same day as they filed the case

 

[army judge]

and the other thing i wanted to know is there a way to see this document or if she hires an attorney will he be able to view this document?

Generally ALL arrest and court related documents are available for public view.

There are exceptions when those records are sealed, after arrest, through the trial, and even after the trial ends.

If your friend/sister is charged and tried, her attorney will get to see those documents during the discovery phase of the trial prep.

Frankly, its unproductive to speculate or wonder about what someone said.

Attorneys can often use a person's past against them, or even their present.

However, a criminal defense is never about others, its about the defendant.

There are many apps that one can use to view all manner of arrest and court records.

You can start by searching the dude's name and date of birth.

The Rat could have been an undercover snitch, or even an undercover "narc", in which case Rat might not be his name.

He might not even be a he.

The longer you ponder something, the more preposterous it can become.

 

[army judge]

Ahh, the old "Sesslin" move, huh?

San Bernardino Superior Court speak, means a "sesslin affidavit" is an arrest warrant declaration.

The declaration is filed with the court by the prosecutor or MOST often by a LEO in support of a request that the judge issue an arrest warrant.

"Sesslin" was a defendant in a criminal court case, People v. Sesslin (68 Cal.2d 418), it decided what is necessary to make an arrest warrant declaration sufficient to support the issuance of an arrest warrant.

I see "sesslin" notes in many San Bernardino cases where a defendant was not arrested at the time the crime was alleged to have occurred, or arrestee could have been released from custody prior to the filing of the additional charges.

Now a Sesslin affidavit is doesn't indicate any cooperation with the prosecutor or police.
The only county I've ever heard the term "sesslin" used is in San Bernardino.
That's not to say it isn't used anywhere else, just that I don't know about it.
By the way, that isn't unusual that I don't know about it, because its been some years since I last practiced in California.

Police and prosecutors don't OUT informants (operatives or cooperators) on public court websites.
Come to think of it, John Doe, or Jane Roe, are often used to mask these subjects after arrest and prior to trial.

Prove it to yourself, mate,call the court clerk and ask him or her what "sesslin" means as seen and used in the Rat's case.

All court documents are public records, thus open for inspection by any member of the public.

 

[Nashley428]

Anyone else here have the feeling her boyfriend is a RAT. Obviously he got out of it... which if he keeps his agreement with the cops then most likely your sisters case will be dropped as well. But if not your sister needs a public defender. Oh and did I mention she needs to leave loser cuz he either rated on friends or her or both and anyone willing to do that to escape their own mistakes should be living in an alley like a real rat.


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