Legal Question in Criminal Law in California
How much time can a person be looking at for a hs11379(a) charge?
2 Answers from Attorneys
Transportation or sales of a controlled substance (under 11379, it's typically methamphetamine, but it could be other substances) carries up to 4 years in state prison. There can be extra time imposed based on the amount of drugs involved.
How much time a person is actually facing in their situation depends on the facts of the case, whether there are any legal motions (search issues, search warrants, Miranda, etc) that can lead to the suppression of evidence, any prior record and what your attorney can work out.
Every case is unique, but the prosecution is always looking for jail time, if not state prison in cases like this. If this is in Orange County and you want to discuss it further, give me a call.
If no priors, three years in prison plus or minus one year for mitigating circumstances. On each count. Effective plea-bargaining, using whatever legal defenses, facts and sympathies you may have, could possibly keep you out of jail/prison, 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 you. If serious about hiring counsel, feel free to contact me. I�ll be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
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