Legal Question in Criminal Law in California

Re: smallest amount seriously considered possesion

Difficult question even though yu gave good detail...as to the meth "usable amount" question there is no perfect answer, but a testable amount, however small, could be enough, however, it can't just be scrapped up residue. The lack of a blood test is common and not controling on a possession case.

Also there is a problem with joint possession, several search issues and of course the co-d issue, who has 5th amendment rights and can't be compelled to talk.

Probabley best that your loved one hire counsel.

DJM

Re: smallest amount seriously considered possesion

I very strongly disagree with part of Ms. Norwich's answer. She said (twice!) that public defenders don't care about their cases, which is not only wrong but absurd. Public defenders care as much about their cases as any other lawyers, and most PDs actually care more.

Laypeople often think that PDs are low-quality lawyers, but that is not true. Being a PD is hard, frustrating work for low pay. Only people who care about helping the disadvantaged want those jobs, and there are far more who want them than there are positions available. PD offices are able to turn away untelented applicants and hire skilled attorneys who want to use those skills to help others and to preserve our system of justice.

Ms. Norwich's claim that "with a public defender you are going to lose" is so absurd it's offensive -- and I say that even though I have never been a PD. If having a public defender automatically meant that a defendant would lose, then public defenders would never win their cases. That is demonstrably untrue. PDs lose most of their cases, but so do almost all private defense attorneys. This isn't because defense attorneys are poor lawyers, but rather because (a) most defendants really are guilty of at least some of the charges against them, and (b) several components of our system of justice unfairly work to the prosecution's advantage. The skill level of defense attorneys -- which is essentially the same as that of prosecutors -- has nothing to do with it.

Having said all that, I do agree with Ms. Norwich's statement that PDs are overworked and don't have adequate time for their clients. This is a real problem and it is a good reason to prefer a private attorney if you can afford one, but it does not mean that all private attorneys are better than all PDs, which seems to be what Ms. Norwich wants you to believe.

As for the substance (no pun intended) of your question, the answer is it depends. The smallest amount of a given drug that can support a possession charge varies depending upon the drug involved. It is the smallest amount of that drug that can be manipulated into a user's body in a way that will have an effect. This doesn't mean it has to be enough to make the user high, though it does mean mere residue won't suffice. For methamphetamine, .01 gram can be more than enough.