Legal Question in Criminal Law in California

jail time

my brother was caught for selling weed, and it his first offense how long might he be looking at?


Asked on 4/28/09, 3:37 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: jail time

Generally possession of "weed" or marijuana falls under Health & Safety code 11357. However since you stated your brother was arrested for possession for sale it could fall under some other codes or other codes provisions could also be charged along with 11357. Therefore it is impossible to provide you with an exact answer. Some of the questions that need to be answered in order to narrow it down are:How old is your brother?, Has your brother had any other arrests involving drugs or controlled substances?, Has your brother been in trouble with the law before?. What are the specific charges against your brother?, How was your brother "caught?" It also depends on the county your brother is in and what the quantity (more than 28.5 grams or less than 28.5 grams) was your brother had in his possession at the time of the arrest?, Did you brother have any drug selling paraphernalia on his person when he was arrested?

If the charge is being brought as a misdemeanor his exposure may be as little as 6 months to 1 year in county jail. He may also have a very good chance to deal down the charges depending on the facts, circumstances and other charges. However, if it is being brought as a felony and the DA is playing hardball, stop wasting your time attempting to determine what his possible sentence might be and start shopping for a good criminal defense attorney. If your brother as been assigned a public defender he will be able to analyze the situation and give you a better estimate. I suggest you find an attorney for your brother. Feel free to call my office if you are shopping for an attorney. You can also call the local county bar association and ask for names from their referral list. Good luck!

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Answered on 4/28/09, 7:38 pm


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