Its a pretty complicated situation. Basically Got pulled over in a friends car. During the time we were getting pulled over she unknowingly put the a a bag of Meth in my possession when I was searched sheriffs found the drugs on me. I admitted to sheriff that I knew she had drugs on her and was going to meet someone to get rid of it. I was taken in on possession for sales, I dont plan on fighting the case with that story due to the complexity of it I think it would be harder to prove that the drugs weren't really mine. Its my first offence Im unsure the amount that was they found. I do have a drug problem, and would benefit from a program. So im hoping that I can get off with probation of some sort, and would like your opinion.
The 11378 and 11379 make you ineligible for the traditional drug diversion programs, but there may be a way to get a deal for simple possession and a program.
Or - you beat the whole thing on illegal search grounds.
You never know... And the only way to know is to get a lawyer.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
The police must have a legal reason to search you if they don't have a search warrant. If you didn't consent to the search, it is possible that the police found the drugs after conducting an illegal search, in which case you can beat the charges against you just by having your lawyer file a motion to suppress.
Also, for you to be convicted of 11378 or 11379(a), the prosecutor must show that you had knowledge that the drugs were in YOUR possession. Knowledge that the drugs were in someone else's possession is probably insufficient for a conviction. You can call me at (714) 785-9978 if you'd like to discuss this case with me in person.
Criminal Defense Attorney
You should never just plead to any case if you are not guilty and think that it would be too difficult to fight a case. H and S Code 11378 and 11379 are not eligible for a program. However there are many issues regarding possession for sales; packaging, weight, pay/owe sheets, scales, messages, texts on the phone etc. With the right set of facts these cases can oftentimes result in a possession charge that will make you eligible for a program.
Most attorneys offer a complimentary consultation. You should call some attorneys and consult with them about your case.
Feel free to contact me directly at 949-660-1389.
The worst thing you could do is just plead guilty without having an experienced attorney represent you from the beginning. Even if you would benefit from a program, this is not the way to get that help. The charges you were arrested for and most likely will be charged with make you ineligible for a program.
An attorney could review your case and raise all possible defenses. It is unclear from the facts you have provided whether the cops had the right to search you. There is a potential suppression motion that could be raised if it appears the cops did not have that right. If granted in your favor, the evidence would be suppressed, and your case would be dismissed completely.
I am sure there are many facts that need to be known in order to properly evaluate your case. However, tell them to an attorney during a consultation. There are many scenarios that you may not be aware of in terms of outcomes of your case, and this is based on you not having a prior record.