Legal Question in Criminal Law in California
Cocaine Charge
I was drinking at a bar talking to a
girl. In my pocket I had about a gram
of cocaine I asked her if she would
like to try some.
Moments later an undercover Officer
identified himself and searched my
pockets. where he found the
narcotics.
I was arreseted for Posession and
Posession with intent to sell (two
felony counts).
I do not have a past criminal record
of any kind.
What is going to be the most likely
outcome.
3 Answers from Attorneys
Re: Cocaine Charge
You're in deep. Possession of cocaine with intent to distribute is a felony and is punishable by up to 4 years in state prison. On a possession for sales charge, you cannot get diversion, PC 1000 or Prop 36.
It appears you were charged in the alternative, and *may* be able to get the possession for sales charge off, but you can't do this one alone. You need a lawyer.
I'm in Southern California. Let me know if I can help.
Re: Cocaine Charge
With no priors, a good attorney might be able to get the charges negotiated down to allow you to get into a drug diversion program instead of facing prison time. If this is in SoCal courts, feel free to contact me if serious about doing so.
Re: Cocaine Charge
Unfortunately, you were involved in something called attempted distribution which, even if not done with profit in mind, is the same as sales or possession with intent to sell in the eyes of the law.
That said, a good defense lawyer might be able to convince the prosecution that you only offered to party with the woman and you were not offering to sell. Consequently, you should be given a break and get an offer of simple possession for personal use rather than intent to sell.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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