Rancho Cordova, CA asked in Criminal Law for California

Q: Advice needed. Does my brother need a lawyer? Will court appointed suffice? Will charges even stick? Has clean record.

My brother is a college student living with 4 roommates off campus. One of his roommates got into trouble. Him and a girl were drinking and woke up the next morning without clothes on and didn’t remember what happened. The girl went and spoke to the police. The police went to the apartment (that my brother lives in) and questioned the boy outside. They said that it smelt like marijuana when they knocked on the door originally and that they needed to search. The boys denied without a warrant, but they went in anyways. My brother was in the bathroom washing out his pipes, bongs, grinders ect. The cops found a number of illegal things in the house between all of the boys. Nothing that belonged to my brother was confiscated. He just received a phone call saying that charges were being pressed against him for possession of drug paraphernalia and for destroying evidence (which I believe is a felony). The city has decriminalized weed under an ounce. The police officers were county cops.

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1 Lawyer Answer
Ese Omofoma
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  • Los Angeles, CA
  • Licensed in California

A: I recommend that your brother consult with a criminal defense attorney and to not speak with any law enforcement official without a lawyer present.

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