Lisa Pelosi: It all depends on the facts and circumstances of a case. If someone had a misdemeanor for possession of drugs and then they have a second one I would say, “This kid has a drug problem or this adult has a drug problem and we need to get them help, and putting them in jail is not going to help them”. So, you try to take a situation that will be on someone’s criminal history and maybe the prosecutor would say, “They got a good deal the first time, now they have to go to jail”. But you would want to take that and turn it around and say, “Well yes, they did a prior drug case as a misdemeanor, but that’s just evidence, that they a have drug problem and we need to get them help”. You try to do everything you possibly can, and you resolve the facts, even though at first flush, they might not seem like the facts are going to help you. You try to use everything you can to help your client.
Getting Caught with Prescription Pills Belonging to a Family Member May Result in Drug Charges
Interviewer: Let’s say I got caught with pills that belong to my grandmother, or mother. Would I be facing some serious charges with that?
Lisa Pelosi: If someone got caught with pills belonging to a family member probably they’re in a situation where they are abusing the drugs, and that would sound like a situation where I would try to get the person help. That would be a very low level thing, now on the other hand if you took the pills of your mum and your grand mum and were caught trying to sell them. That would be another type of case which would make it more difficult for me to get you a program, because again it’s the difference, with drug cases.
Possession with Intent to Sell is Viewed As a Serious Offense by Law Enforcement
Sale versus possession. The court, the judge and more importantly the prosecutor’s office makes serious distinction between possession and sale. Sometimes people can possess, for example if someone has 100 pills on them, how, however they are not caught selling, there’s a presumption, that you’re possessing with the intent to sell, because usually people, who are using are not walking along with 100 pills in there, in their bag in their pocket.
A Step By Step Breakdown of the Process After Being Arrested on a Drug Charge
Interviewer: I’ve already been arrested, been to jail, now I give you a call, and what’s going to happen from there? What’s, what’s the process going to look like?
Lisa Pelosi: Once someone is arrested and either bail is set and the family has made bail. Now you have an individual, who has been accused of a crime. Now starts the battle to help the client get through the process with the least amount of damage to their lives. At that point I would immediately, if I am retained once, they come out of jail, once the family pays bail , and you get legal, get my papers in, indicating to the court and to the district attorney’s office, that I am the attorney on the case. I immediately make a meeting with the prosecutor, who’s assigned to the case, and then I have a meeting with the family and explain everything that is going on to my client, and whoever the client wishes to have present at the meeting.
It is the Duty of a Defense Attorney to Get the Best Possible Outcome for the Client
We talk about my meeting with the prosecutor. I do an extensive workup on finding out who my client is, so I can go to the prosecutor and say, “Hey. This case, this individual isn’t just someone who using drugs, or possessing drugs, or selling drugs, this person has a whole life.” I try to explain to the prosecutor, who my client is, and try to humanize my client to the prosecutor, and we start working on the case . Step by step and I am keeping my clients totally informed, totally in the loop of my discussions of the persecutors office, and everything is going with the goal of resolving the matter in the like most favorable to my client and with the goal of keeping them out of jail, and even trying to keep them off probation.
