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Charged with HS 11377 (A) whats going to happen?

Santa Ana, CA |

i was arrested in January for possession of a controlled substance.My friend was pulled over i was not driving nor was i intoxicated or under the influence of the substance. The cop decided to give everyone tickets because alcohol was found in the car and searched everybody bag whether or not they were intoxicated. I was released from county the next morning on an OR. i was not aware that i was carrying meth, i borrowed the purse from my friend. When asked i told the cop i thought it was cocaine. This is my first offense. Im 19 years old and im a full time student at CSULB and work over 20 hours a week.

Attorney Answers 5

  1. You will probably qualify for drug court or diversion but a collateral consequence is that your driver's license will be suspended.

  2. Here is the issue. You may have a defense as one part of possession is knowledge. The fact that you told the officer you thought it may be cocaine hurts your case, but that fact that your thought was wrong could show that you really didn't know it was there because you didn't even know what it was.

    So long as there is no transportation charge you would qualify for Prop 36. I am assuming you are being charged with a misdemeanor on this case.

    If you have any questions please feel free to contact me. I would be glad to give you a free consultation.

    Elliot Zarabi

  3. Possession of methamphetamine is a "wobbler" and can be charged as either a felony or a misdemeanor. In Orange County, they always charge the felony.

    As a first offender, you should be eligible for a drug diversion program - assuming you have to take a deal at all. There may be factual or legal defenses that can result in a better outcome.

    The only way to know is to sit down and discuss the case in detail with your attorney.

  4. Assuming you don't want to fight the case, simple possession should qualify you for a diversion or drug treatment program. Be careful of which one is offered: P.C. 1000 diversion will leave you will no record of conviction. Prop. 36 will leave you with a felony. Neither one results in jail unless you mess up on probation. BUT, there is a huge difference between the two later on in life.

    You probably also need to be weary of an overzealous prosecutor who may want to charge you with distribution or trafficking.

    Reliance on any information in this website is at the sole risk of the user and the user understands that he or she should consult with an attorney before taking a course of action based upon information contained in this website. The information on this website does not constitute an attorney-client relationship.

  5. Mr. Dane is 100% correct, and he is close by to you. If you are in the market for attorneys it would make sense to put him on your list of attorneys to consider. He makes a good point about the potential seriousness of the charge but also the potentially solid defenses you have. This is a matter you should NOT handle without an attorney. If you can't afford one, the court will appoint you a public defender.

    If you prefer an attorney in Long Beach because that is where the case occurred or it is easier for you due to your classes, my office is there, and I offer free consultations. Feel free to contact me via e-mail or phone with any questions.

    Michel & Associates, PC

    All my comments here are intended for general legal purposes. None of my comments here establish an attorney-client relationship with anyone. None of my comments should be relied on in taking legal action without first consulting an attorney.

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