Legal Question in Criminal Law in California

Re: Drug Charge: How Much Time Will Be Served?

Thank you for your posting.

To answer your question -- if your friend did not knowingly possess the narcotics, he shouldn't plead guilty unless he has a substantial risk of losing at trial, AND he knows he is going to get a better deal than the sentence post verdict. I'm confused by your question, however. Are you saying that the drugs were left there by an old friend, or did the police plant them there?

Unfortunately, there are too many factors in a sentencing range to answer your question. Most notably, the age of the priors, whether or not they were alleged in the complaint against him by the prosecution, and the willingness of the judge or prosecution to strike priors for sentencing purposes, or for plea bargain negotiation purposes, cannot be 100% predicted, even with a crystal ball.

The strength of the evidence against your friend, as well as any defense evidence, also makes a difference when it comes to negotiating, and it sounds as though there may be defenses in this case.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.