Legal Question in Criminal Law in California
culpability in conspiracy
i started dating my current boyfriend in May'02 and he that he was involved in trafficking. he was arreseted in mar'02 and charged w/ HS11383(c)(1). under private counsel he pled guilty to the charge and was sentenced to probation, 6yr suspended sentence, and a mandatory 180 day jail term. he qualified to serve the 180 under home monitoring which had concluded Apr 28, 2003. On may 23, 2003 LASD arrested on conspiracy charges.
there is surveillance on one occasion of an exchange in 7/02 that directly links him to transaction.
my concern is regarding his culpability in the charge of conspiracy. in August2002 he went back to work as a dialysis technician and (by 9/02 - present) works 72 hr/wk.(2 full time jobs)
Can withdrawl be used in his defense?i do not know the underlying offense of the conspiracy:11379/11383 but with enhancements for quantity)
Also , how will his prior affect this current case? and ultimately judgement in a guilty verdict?prior committed while first case pending, judgement 9/02 sentenced 1/03.
current charge alleged 7/02
2 Answers from Attorneys
Re: culpability in conspiracy
GIVE US A CALL TO DISCUSS. Larry Wolf 310 277 1707
Re: culpability in conspiracy
Thank you for your posting.
Your question is somewhat complicated, and the facts are certainly going to affect any answer, down to specifics.
Your question asks whether or not withdrawal to a conspiracy applies, and if it can be proven via witnesses, documents, or other evidence that he withdrew from the conspiracy, that may apply. However, it sounds as though there is some proof of his participation in the transaction, from what you've described.
To answer your question about how this will affect the current case, he is innocent until proven guilty. However, he likely is on probation or parole from the first case (you mentioned the conviction but not the parole or probation terms), and a lesser standard of proof is needed to prove a probation or parole violation.
Once proven, or once convicted, the underlying offense, plus the probation or parole violation, and any sentencing enhancements for the prior, will be used to determine his sentence.
I hope that this information helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.
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