Legal Question in Criminal Law in California
How much time am i looking at for possesion of hydrocodone not prescribed to me?
3 Answers from Attorneys
None, unless you get convicted. Make sure you don't get convicted.
If this is a first drug offense, you're eligible for diversion. If you stay out of trouble and take a drug education class, you won't go to jail and can avoid having a conviction on your record.
Possession of hydrocodone is a felony. This isn't some do-it-yourself project, like fixing a leaky faucet, that you can handle with a little advice from a stranger on the Internet. You need a lawyer; if you can't afford to hire your own, the judge will appoint the public defender.
As a former public defender, I can think of many factors that will impact whether you "do time" at all, whether it is prison or jail, and how long.
Some of them are pretty much out of your control, and depend upon what the police report says, how strong the evidence is, and how aggressive the D.A. feels at this point.
Other factors include whether this is a first offense, whether you are/were a parole violator, the amount you possessed and whether you are charged with possession for sale, and whether you have co-defendants or bad associates that might get you a gang enhancement.
You will get an idea where things are headed when you have your 995 hearing and when the D.A.'s people talk to you and your lawyer (public defender?) about possibel plea offers. The strength of the evidence against you will obviously affect their willingness to let you plead to a lesser offense, or to a misdemeanor instead of a felony.
Be sure to show up for all of your court appearances, if you are out of custody on bail.
Based on my experience in one jurisdiction, I'd say as a first offender and with few to no complicating factors, you are a strong candidate for probation or diversion. A recommendation for probation or diversion may depend upon factors such as your having a job, a family support system, friends who are supportive, a career path, etc., suggesting that you are a good guy who made a mistake and not a career druggie or thug.
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