Legal Question in Criminal Law in California

probable cause hearing

the charge is possession, intent, trafficing (2oz marijuana), plus evading

arrest. Defendant claims the bag was searched withoout permission. He

was offered 16mos, but wants to fight it. Is there hope?

He wasn't evading--he didn't know they were on him--no mirrors on

motorcycle, but we don't know what the video from the patrol car will

show.

He was driving on a restricted license and stopped for speeding.

Thank you.


Asked on 6/09/04, 2:08 pm

5 Answers from Attorneys

Robert Liskey Tyler & Wilson

Re: probable cause hearing

Having an attorney defend your rights in a situation like this is probably wise, especially in light of the seriousness of the potential penalties.

If you would like to discuss with an attorney, feel free to call my office.

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Answered on 6/09/04, 2:11 pm
Steven Mandell Law Offices of Steven R. Mandell

Re: probable cause hearing

No one can answer your question about the outcome of the case without knowing a great deal more about the facts of the case than you share here. However, his offer of state prison says a lot - the DA thinks it's a serious and winnable case - but there are 2 sides to every piece of litigation, and what actually occurs will be a function of his lawyer's skills, the facts of the case, the judge, and many other factors. Is there hope? Of course! He needs a good lawyer. If he would like to talk to a lawyer, don't hesitate to have him call me at 310.393.0639. If he's in custody, feel free to call me yourself. Steve Mandell

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Answered on 6/09/04, 2:15 pm

Re: probable cause hearing

There are never any guarantees, but in general, the better the lawyer you get, the better are your friend's chances - esp. with a 16 month prison term at stake. The charge of trafficking for only 2 oz weight seems excessive. If you would like to contact me, we can discuss various ways of attacking the charges. Often the more aggressive the attorney, the better the outcome.

I have years of experience with the courts and in criminal law. I may be reached at 858.405.5881 - with offices in Orange County and San Diego.

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Answered on 6/10/04, 6:42 pm
Terry A. Nelson Nelson & Lawless

Re: probable cause hearing

Sure, there is always hope, just no guarantees. The facts, and quality of defense, will determine the outcome. If he wants to 'fight it', contact me if interested in having counsel to do so. Without counsel, he will be chewed up in court.

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Answered on 6/09/04, 5:12 pm
Ronald Richards Law Offices of Ronald Richards and Associates

Re: probable cause hearing

2 ounces is not for sale weight, you can definitely beat the ticket. check out my website at www.ronaldrichards.com/media and call me with any further questions.

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Answered on 6/10/04, 4:14 pm


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