Legal Question in Criminal Law in California
possession of cocaine
my brother, who is 17, was caught with a couple of small rocks of crack cocaine. the exact amount was not given but the officer said it was a few small rocks. it is his first offense, what can we expect at his trial?
2 Answers from Attorneys
Re: possession of cocaine
Expect a juvenile court hearing with no right to a jury trial. Depending on the judge's findings, he will probably find your brother guilty of some crime and will impose some punishment which could range from probation/programs to confinement in juvenile prison. The exact crime will determine whether and how the matter goes on his adult criminal record (some juvenile felonies can never be taken off your record), in other words whether he will be permanently ineligible for employment.
Is your brother seeking representation?
Re: possession of cocaine
It depends upon the strength of the evidence against him and whether he is charged with possession for personal use or possession with intent to sell. The strength of any sales charge will depend on whether there is evidence of sales such as cash, cellphones, ledgers, packaging materials, method of packaging, scales, etc. However, intent to sell charges could be based and prosecuted based upon the quantity of the crack cocaine alone.
Your brother should get representation at any event but especially if he is charged with intent to sell. There is a lot an effective attorney can do in a juvenile case because the judge has a wide discretion in what kind of sentence and punishment to impose. The challenge will be to win at trial - in front of a judge not jury - or to fashion a resolution which would not create a permanent damage to your brother's record.
Feel free to contact me for a free consultation.
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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