Legal Question in Criminal Law in California

Re: Possession of marijuana with intent to sell

Yes, the prior under 11370 (the three year prior) can be stricken by the court.

Did the co-defendant already plead out of the case? The judge (or DA) may be willing to cut a deal to your boyfriend if somebody is already owning up to the guns. The specific facts will make a difference in how to best fight these charges.

There may also be other issues - search issues, informants, wiretaps... before focusing on the sentence, the question should be "can the DA prove all these charges?" If they can, then it might be time to start dealing.

I practice mainly in Orange County. Please take a look at my website (www.joedane.com) and let me know if I can help.

Re: Possession of marijuana with intent to sell

Aside from does he have a medical defense, does he have a lawyer who cares what happens to him?

Re: Possession of marijuana with intent to sell

Generally speaking, the judge pretty much has total discretion over sentencing. Unless there are some mandatory sentencing laws involved - and I do not see any in the situation you are describing - he/she can override whatever prosecution wants or probation recommends. It is not uncommon for a defendant to make a so-called open plea to the court in a pitch to get a better sentence. Sometimes, it is a move of last resort but it does work sometimes. It depends on the individual judge and the skill of the defense lawyer.

In certain situations, such as involving prior strike convictions, a formal motion has to be made to have such convictions stricken.

It is the guns which are messing up your boyfriend's case no doubt. He should prove, either in trial or to the judge, that they were not his. He needs an effective and highly dedicated lawyer.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com