Legal Question in Criminal Law in California

if caught with 10 extacy pills and charged for poss.of sub. for sale, what is the outcome?


Asked on 7/04/11, 1:03 pm

2 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

If you plead to the charge mentioned, you will be a convicted Felon, for the REST OF YOUR LIFE... In general, prosecutors want about 180 days in county jail and 3 years Felony probation. You will also have to register as a drug offender.If you violate probation, state prison is a real possibility. Of course I do not know if you have a record or not. Most Proffesional criminal defense attorneys will try to get the prosecutor to reduce to a straight possession, so you can go on diversion, and if completed, it all goes away....Talk to an attorney....your future could depend on it...Best wishes...David Wallin

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Answered on 7/04/11, 5:57 pm
Terry A. Nelson Nelson & Lawless

No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc.

You�ll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges.

When charged with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail. Multiple counts and charges multiply your problems. If you have priors and strikes, they are penalty �enhancements� under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession be used against you, and can you be convicted, and what can you do? No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments, for evidence suppression or other motions, or at trial. You can hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. He will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be.

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Answered on 7/05/11, 12:23 pm


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