Legal Question in Criminal Law in California

Re: arrested under 11377hs

Health & Safety code section 11377(a) - possession of a controlled substance. It's a "wobbler" and can be charged as either a misdemeanor or a felony, although virtually every DA's office charges it as a felony. Your first court appearance is your arraignment. You'll be entering a plea - presumably "not guilty." If you qualify, a public defender will be appointed for you (unless you hire an attorney prior to your court date to represent you).

The court will set two dates: a pre-trial (called various things in different counties) and a preliminary hearing. The preliminary hearing must happen within 10 court days from your arraignment unless you waive time.

The court will also set bail. It may be anything to a bond previously posted, an O.R. release or they may require you to post bail.

My website (www.joedane.com) has information about bail, arraignment and preliminary hearings. Search using any of those terms for information.

Re: arrested under 11377hs

Depends upon whether you can negotiate a plea bargain for reduced and specific penalties, or have to go to trial and risk full sentencing upon conviction. If you don't know what you're doing, hire an attorney. If this is in SoCal courts, feel free to contact me if serious about doing so.

Re: arrested under 11377hs

The most important thing for you to do is to get a lawyer. If you cannot afford private counsel, request to be represented by a public defender at your first hearing. Do not attempt to represent yourself - always a bad idea. Do not allow anyone to convince you to plead guilty unless you have discussed your case in detail with your own lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com