Legal Question in Criminal Law in California

Yes, the prior is going to factor heavily into the DA's decision to charge. Father's defense of "I didn't possess it and didn't know about it" is going to get great scrutiny by the DA in light of the prior.

The prior, depending on what exact charge he was convicted of and how the current charge is plead, can carry anywhere from a year to 3 or more additional years on top of the current charge.

What can be done? He needs to fight and hopefully prove, even despite his prior record, that he was not involved in these chemicals. The facts of the investigation are important, so without reviewing the actual police reports and charging document, that's the best I can do. Bottom line - he needs a good attorney with a working knowledge of the drug crimes.

You're asking what our opinion is about the ultimate outcome of the charges and the trial proceedings, without knowing any of the actual facts or what the charges state as filed. I'm afraid you'll get that answer only at the end of the proceedings, and our opinion now is of no value to anybody involved, other than encouragement to fight the charges. The defendants need to provide their attorneys with all the credible evidence they may have in their defense, to be used in various motions to suppress, prelim hearings, plea bargain negotiations and in trial if need be. Priors and strikes will certainly be used against defendants where possible, to enhance the penalties; that's the point of the Three Strikes Law. Now, if serious about getting legal counsel in this, feel free to contact me.

The previous answers from the other attorneys are correct. As a FORMER DEPUTY DISTRICT ATTORNEY as well as a CERTIFIED CRIMINAL LAW SPECIALIST, we also have about 50 years of criminal law experience to assist anyone in your situation to obtain the best result possible. If you don't call me.....call somebody....and do it fast. You have no time to waste.

You have provided some basic facts but without reading the Police report, the charging document, talking with the defendant and talking with the District Attorney it is not possible to give you any type of accurate opinion as to what or how the DA will charge the crime or as to what your friend is facing. However, it possible to tell you that your friends situation is very serious and the DA will more than likely use the prior conviction as a tool in this case. The prior can help enhance the current charge in a number of different ways such as extending the time of the sentence if your friend is convicted.

Your friend needs an attorney that knows their way around a drug case. There is a lot to work to be done in this matter starting back when your friend's son was originally pulled over. Everything may be important depending on the facts such as how old is your friend's son? Where in the house were the illegal items found? Was your friend still on probation regarding the prior conviction or any other convictions? It really is impossible to give you anything accurate in this type of forum. Start shopping for an attorney. I understand about the saving for a house and the future but this is when the idea changes. Your friend needs to realize he was saving for a rainy day and it is currently very stormy. Good Luck

I am sorry to hear of this crisis. Please hire an attorney on his behalf to give him a chance. Contact me directly.