My friend just caught at Costco in Fontana CA for having a fraudulent prescription.

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My friend just caught at Costco in Fontana CA for having a fraudulent prescription.

Her & her b’friend dropped it off today, the script is in his name and Costco has his handwritten real info (name/address). She p/u by herself (he was in car) but the police got her. He’s asking me what to do and what’s gona happen to her. Should he turn himself in since it’s in his name or is that not the focus, just her for actually doing the transaction. I have no idea what to tell them,. i’ve only known them maybe 2 months or so. Any advice would be great. He has not talked to her yet, I think they’re processing her or whatever. It just happend today Tues around 4:45pm.

Asked on June 17, 2009 under Criminal Law, California

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Your friend should contact a criminal defense attorney - IMMEDIATELY.  There are several reasons why this is important.  First, if your friend retains a criminal defense attorney on behalf of his girlfriend, that attorney may be able to 1) prevent the police from conducting any (further) interrogations of his girlfriend - thereby limiting any incriminating statements that she has made or will make, and 2) facilitate his girlfriend being released on bond.  Additionally, to the extent that his and his girlfriend's potential defenses do not conflict, the defense attorney will be able to advise your friend how to aid in his girlfriend's defense without incriminating himself - if possible.  While it remains possible that your friend will need to inculpate himself in order to exculpate his girlfriend, it would be silly for him to turn himself in or otherwise inculpate himself if it does not have the result of exculpating his girlfriend.  Moreover, there may be a way, depending on the particular facts of this case, for your friend to exculpate his girlfriend without necessarily inculpating himself.  Nevertheless, a criminal defense attorney would be in the best position to advise your friend and his girlfriend on the best course of action to take at this time.


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