Legal Question in Criminal Law in California

I was recently arrested for stealing schedule 3 drugs from my work and selling them on streets. What kind of a sentence am i looking at?


Asked on 4/19/11, 7:36 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

It is going to depend on the exact charges. if there are different substances, then the sentences may not merge and the time could add up. If it is the same substance, it may all be charged as one drug charge. The other issue is how they charge the theft - if they file one count to encompass all the thefts or if they charge individual counts for each time you took drugs. They may also charge it as burglary if they think you entered with the intent to steal.

Either way, you're facing potentially multiple felonies with significant jail (if not prison) exposure. Focus on getting the very best criminal defense attorney that routinely practices in the court where your case will be heard.

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Answered on 4/20/11, 6:11 am
Terry A. Nelson Nelson & Lawless

Whatever is called for in the various Penal Code section[s] you can be charged with. You�ll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing.

If charged with a felony, you potentially face one or more years in prison if convicted; on a misdemeanor, you potentially face up to 6-12 months in jail -- on each count. Multiple counts and charges just make your situation worse, of course. If you have priors, they are penalty �enhancements� under the 3 Strikes rules. If this constitutes a probation or parole violation, factor those new and old charge[s] in as well.

No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, facts, evidence, documents, reports, testimony, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help use whatever defenses there may be. If you can't afford private counsel, you can apply for the Public Defender.

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Answered on 4/20/11, 11:36 am


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