Legal Question in Criminal Law in California
Posession Of a Controlled Substance
I am a 20 year old student at UC Berkeley. Driving to Las Vegas, I, along with
4 friends, was pulled over for going 91 in a 70mph zone. After smelling
marijuana in the car and after us handing him the marijuana we had in the car
(less than an Ounce), he searched the car. Opening the trunk, he went on to
search all of the lugagge and found Halucinagenic Mushrooms in my
backpack. He told me i was going to jail, and without reading me Miranda
rights of any sort took me to the Barstow County Jail in San Bernadino county.
This was my first time offense, and I was charged with a HS11377 Possession
of a Controlled Substance (Felony), and HS11357 Possesssion of less than 1
Oz of marijuana. Firstly, how could I go about transferring my case from San
Bernadino to Berkeley (because I have no way of getting there). Secondly,
what type of punishments am I facing, and finally what possibilities are there
of this remaining off of my record? Is there any possibility of not having a
Felony on my record?
3 Answers from Attorneys
Re: Posession Of a Controlled Substance
You should be eligible for Deferred Entry of Judgment on both counts. If you accept that type of sentencing, then you will be put on probation for 18 months and must do a drug counseling program. You can do the program up there, but you will have to plead in Barstow and most likely be present. I assume you bailed out or were released from jail. After you do the program, the case will be dismissed.
Re: Posession Of a Controlled Substance
The case cannot be transferred to Berkeley. If you have no way to get to Barstow you will probably need to find one, at least for your arraignment. You may be able to avoid additional trips by having an attorney appear for you, but if you don't get an attorney you will become a frequent traveler.
I defer to Mr. Wagner's expertise about deferred entry of judgment and how this will or won't appear on your record. But keep in mind that if you want a good outcome you need to take the case seriously and do what is expected of you -- by the court, the program and your lawyer.
Re: Posession Of a Controlled Substance
The case will not be transferred to Berkeley. Way too many other questions to answer by e-mail. Please contact Mike Navarro at [email protected],and please provide a telephone number that you can be contacted at.
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