Legal Question in Criminal Law in California

can a h&s11378;be reduced to possession if a person has two prior h&s11378;convictions?


Asked on 6/12/11, 2:16 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Can it be? Yes. Will it be? That depends on the facts and what their lawyer can work out. Unless they get it down to simple possession, they're looking at up to 3 years on the new charge plus 3 years for each prior, making this a 9 year max case (or more with any other enhancements).

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Answered on 6/12/11, 2:40 pm
David M. Wallin Law Offices OF David M. Wallin

Any possession for sales case can be reduced to a straight possession charge if it negotiated between the prosecutor and your defense attorney. With 2 prior sales cases, the prosecutor will only reduce to a straight possession if your attorney can show the prosecutor problems with the states' case that warrant a reduction. If you are convicted of the new sales charge, you are definitely looking at state prison. Other than problems with the case, you may want to consider working a deal where you work with narco and , in return, get a reduction. I wish you well..David Wallin

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Answered on 6/12/11, 6:47 pm


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