Legal Question in Criminal Law in California

Re: drug crimes

Orange County can be harsh, but it depends on several factors. How much marijuana was there? How was the prior conviction charged? (From what you're saying, I'm not sure it's properly charged by the DA). The prior for 6 years ago shouldn't have any impact on his sentence (but again, the exact way it's charged matters). I'm not sure how they're getting to 4 years, 4 months.

The sentence for a single count of 11360 is 2, 3 or 4 years in state prison. Let's say he has two counts on two different days. He could get a maximum of 4 years on one count, then an additional 1 year for the second count for 5 years. That's the absolute maximum. In a plea offer, why would they offer the maximum? Not much of a plea "bargain." There are no weight enhancements for marijuana to increase his sentence. To get a sentence that involves 4 months isn't possible just by the doing the math on any possible sentences.

Without knowing more details, especially the charges and what code section the prior is listed under, I can't be 100% sure, but something is very, very wrong here. He should not be getting this high of an offer.

Of course, the big question is - does he have to plead guilty? Have all his possible defenses been explored? Search issues? Informant issues?

I practice in Orange County - please visit my website (www.joedane.com) and let me know if I can help.

Re: drug crimes

Your boyfriend needs to spend some dough for a criminal attorney. He should do no time or very little.

Re: drug crimes

If the offenses you are describing are the only crimes on your boyfriend's record, the prison sentence is not mandatory and it appears - unless there is more to the story - that 4 years and 4 months would be a lousy deal. I recommend you call around at least a couple of lawyers to see what can be done in this particular situation.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com