Legal Question in Criminal Law in California

Probation

My best friend was driving my boyfriend's vechile and was pulled over. There were 3 other people in the vechile. The car was searched and a $20 sack of marijuana was found beneath the drivers seat. The 3 other people were released, except for the driver. The driver is on probation and has 2 strikes against him. 3 strikes and he'll serve life in prision. No one knew where the marijuana came from and no one pointed fingers at anyone. There was a juvenille in the car and if he admits it was his, would they let my best friend go? What are his chances of walking? They wouldn't let do the OR program, either.


Asked on 8/15/00, 10:38 am

2 Answers from Attorneys
Steven Mandell Law Offices of Steven R. Mandell

Re: Probation

I (possibly) disagree with Attorney Newl Newson who responded to this message before me. It depends on how much MJ there was in grams, not dollar amount. If it was less than an ounce, that's a straight misdemeanor and can't be elevated to a felony 3d strike. If it's more than an ounce, it's still a misdemeanor, but it could be a felony if the DA has a real hard-on for your best friend and chooses to charge it as a transportation of marijuana, a felony. Conceivably, they could charge it that way even if it were less than an ounce, but it's not likely. Considering that a $20 bag of MJ is probably only a few grams, chances are the charge will be a misdemeanor. However, it is up to the DA. I completely agree that your friend should consult with an experienced criminal lawyer in the area where the case will be prosecuted.

Read more
Answered on 9/19/00, 6:14 pm
Neil Newson Neil C. Newson & Associates

Re: Probation

YOUR FRIEND HAS A VERY SERIOUS PROBLEM THAT WILL REQUIRE AN AGGRESSIVE DEFENSE. THE SEARCH MUST BE CHALLENGED WITH A WELL DRAWN BRIEF IN THE HOPE OF BEING OFFERED A DEAL SHORT OF LIFE IN PRISON. TRIAL WILL PROBABLY RESULT IN A FINDING OF GUILT AND SENTENCING THEREAFTER, PROBLEMATICAL. GET A GOOD PRIVATE LAWYER THAT IS FAMILIAR WITH THE LAWS OF SEARCH AND SEIZURE AND IS WILLING TO PUT FORTH THE TIME TO GET THE RESULTS NEEDED.

Read more
Answered on 9/19/00, 9:17 am


Related Questions & Answers

More Criminal Law questions and answers in California