Legal Question in Criminal Law in California

Re: violating section 11377 and 11364

Without the full library to research the violations, and poetnetial sentence, the best I can do is indicate that they both appear to be misdemenors. Thus assuming another wise clean record that you would be placed on probation. The sentence would also depend to some extent to the county you live in and the the local policy of the court for sentencing.

The question about leaving the country would again depend on your history and the local policy. There is a high probability that with an otherwise clean record that you will be allowed to leave the country.

Re: violating section 11377 and 11364

Possession of meth (11377) is a "wobbler"; usually charged as a felony, it is often reduced to a misdemeanor off the bat. The possession of paraphernalia (11364) is always a misdemeanor. The 11377 carries with it a mandatory minimum sentence of 90 days jail. However, if you qualify (depending on your prior record), you would be placed on either PC 1000 (Deferred Entry of Judgment "DEJ") or Prop 36 (like drug court). Either of those two options allows you to 1) avoid jail and 2) preserve your criminal record (case dismissed after period of probation, usually around two years.) You are "diverted" out of the normal criminal justice system. You enter your plea, attend classes, and stay clean for 18 months. Return to court and your case gets dismissed. If you mess up anywhere along the way, jail is imposed, and the conviction is your forever.

As to leaving the country, I would do the following: You will likely be out of custody on your own recognizance ("O.R.") if this is your first offense. Assuming this is true, and that you have not signed an OR release promising you will not leave the country, you can delay entry of your plea and continue your case (delay it) until after you return from abroad. It will be easier for you to leave the country prior to getting started on any drug program. Explain your sitch to your Public Defender or private counsel and you should have no problem. If you need more help, feel free to contact me directly.

Otherwise, try not to worry. Just get the hell rid of that drug habit of yours. You're too young to piss your life away like that. Take a look around at the very attractive 30-somethings who have dabbled in speed: their teeth falling out of their heads, acne break outs on skin dry and wrinkled, excruciatingly bad breath, sketchy, moody, out of work, promiscuous losers living with other losers in the high desert or a motel. Yeah, that's an attractive prosepect. I should get me some speed. = )

Good luck,

JACQUELINE GOODMAN RUBIO

Attorney at Law

(800)515-0233

[email protected]