Legal Question in Criminal Law in California

Re: what can I do as 1st time offender charged for a drug-related felony?

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Re: what can I do as 1st time offender charged for a drug-related felony?

You are right to be concerned. Felony sale carries substantial 'time'. Yes, there are options available to you, and with the right counsel you may be able to minimize the penalties you face. Wishing it away is not an option. If you can't afford private counsel, the PD 'is' a real attorny, just with a lot of cases to handle. If you can afford counsel, you don't qualify for the PD, feel free to contact me to discuss the facts and options, including potential diversion, reductions, and terminating pleas.

Re: what can I do as 1st time offender charged for a drug-related felony?

The distinction you make between "a lawyer or public defender" is a false one. Public defenders *are* lawyers. They are employed by the government to represent defendants who can't afford to hire lawyers in private practice.

If you can afford to retain a lawyer then you are not elligible for a public defender. Unless you are an indigent person with family or friends who are willing to help you out with their own funds, you probably don't have much choice about which way to go.

Proceeding without a lawyer would be a huge mistake. "Cooperating fully" without a lawyer most likely was also a huge mistake, since your cooperation likely gave the prosecutor plenty of ammunition she otherwise would not have had. There is a very good chance the D.A. would not have been able to build a viable case against you had you not been so cooperative.

Get a lawyer -- whether private counsel or a PD -- *=immediately and do what he says. Chances are the first thing he will tell you to do will be to stop cooperating before you make his job impossible.

Good luck.

Re: what can I do as 1st time offender charged for a drug-related felony?

First of all, probably you will survive this -- if you hire a private lawyer. Consult a lawyer and then get the money to hire him or her somehow even if you have to have an embarrassing moment with a parent or relative. Do these things and likely as not nothing real bad will happen. Now let me wag my finger at you. "Cooperating with the police" was really stupid behavior on your part. Go to YouTube and watch the excellent, ACLU-produced film, Busted: A Citizen's Guide To Surviving A Police Encounter. (http://youtube.com/watch?v=3NmC5wHfCdM). Then get all your friends to watch it.

Re: what can I do as 1st time offender charged for a drug-related felony?

Sales, even a tiny amount is very serious. Options available depend on many factors beyond the mere quantity involved and/or prior record. If you are indigent most Public Defenders are very well versed in the local courthouse procedures and can enlighten you on the options available in your court. Private counsel will have much more time available to devote to you as most PD's are overloaded with cases.

Defenses to "sales charges" are available and need to be explored with cousel ASAP...as noted in other answers, your cooperativeness really only makes the DA's job easier...never be rude, offensive or obstruct the police officer...but the right to remain silent is always with you...

Best of luck

DJM