Legal Question in Criminal Law in California

Health & Safety Code 11378, possession of controlled substances (including meth) for sale, is a felony with a potential sentence of 16 months, 2 years or three years in prison.

It's hard to answer your question without knowing more about your "prison prior." Under Penal Code 667.5(b), if you do a prison term, it can add a year to any future felony sentence... UNLESS you stay free of felony convictions and prison incarceration for five continuous years.

In other words, you may have "timed out" if you paroled before 2005 and didn't go back on any violations or pick up a new felony until now. Your lawyer should certainly check to make sure it's a valid prison prior.

If your prior didn't time out, the maximum sentence is four years. It sounds like they're offering you the middle term, plus one year for the prior. With a little more than an eight-ball (an eighth of an ounce, for those who aren't familiar with the term), you might not do any worse if you went to trial and lost. On the other hand, if a jury found you guilty of simple possession, H&S 11377, you'd probably be eligible for Proposition 36 and get treatment instead of prison.

There's one other thing to consider. If your prior conviction was for a sales-related offense, you might be looking at an additional THREE YEAR enhancement tacked onto your sentence. That could really change the analysis.

Bottom line: Your lawyer can give better answers than a stranger on the internet who knows next to nothing about your case and is trying to guess at some important details.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.