Legal Question in Criminal Law in California

Possession of Controlled Substance

I was arrested and released on my own recognizance for possession of a controlled substance. I was not arraigned, but agreed to show up in court on 9/29. I do not know what to expect in the way of a penalties. I have never had a felony, am 59 years old, disabled and have terminal cancer. Does any of this matter? Do I need an attorney? My only income is Social Security Disability. I do not know the exact charge because my paperwork from jail is smudged. I think they believe the substance was methamphetamine based on what the arresting officer said.


Asked on 9/13/06, 5:03 pm

3 Answers from Attorneys
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Possession of Controlled Substance

The first court hearing is the arraignment where you will be informed of the charges against you. At that hearing you can request the appointment an attorney. You should qualify for deferred entry of judgment. This process requires that you plead guilty and the court deferrs entry of judgment. You then enroll in and complete the required drug class. Upon completion of the drug program the court withdraws your guilty plea and then dismisses the case. The end result is that you do not have a conviction on your record.

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Answered on 9/20/06, 2:16 am
Terry A. Nelson Nelson & Lawless

Re: Possession of Controlled Substance

Unless you plan to simply plead guilty and hope for the best, you should have counsel to represent you. The facts and background always help, when properly used by an experienced attorney. Either hire a private attorney, or request the Public Defender if you can't afford one. Feel free to contact me if interested in doing this right.

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Answered on 9/14/06, 1:32 pm
Samuel Lovely Law Office of Samuel Lovely

Re: Possession of Controlled Substance

Possession of meth (Health & Safety Code 11377) is a misdemeanor and based on circumstances it will likely be punished by probation and a $1,000 fine. If a person has terminal disease, he may have prescription from a doctor authorizing use. In any case an attorney would help in this matter.

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Answered on 9/13/06, 8:02 pm


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