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I'm being charged with "attempted felony drug possession" and offered deferred judgment, should i accept or fight the case?

Los Angeles, CA |

essentially, i was approached via text message by an undercover officer who had just arrested a drug dealer -- and pretended to be said drug dealer. he told me "this is ***, please call my friend, he will sell you ****." basically, i was solicited by an undercover cop to buy drugs. i realize cops can do many "interesting" things above the law in order to catch drug users and sellers, but the public defender assigned to my case admitted this approach was a bit "off" and that i should consider hiring a private attorney. in your opinion, is this case worth fighting, or should i just take the deferred judgment offer?

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Attorney answers 4


More facts are needed in order to answer the question. I would recommend NOT posting specifics on a public website. You should consult with a lawyer in confidence. Many of us on AVVO offer free consultations.


The question is whether an average law abiding citizen would call the "friend" to buy drugs. Is this entrapment? The asking "please" would be the possibly questionable or coercive conduct by the police. This probably is not a good case to take to a jury based upon these facts but the conduct by the police may be enough to get a better deal from the District Attorney. Now, would you be able to do beter than PC 1000? Thats another question.

You should research the entrapment defense and decide if you want to fight this case.

Postings provided on this forum are informal and do not establish an attorney client relationship. To discuss your matter further please call my office at (760) 340-1800 in Palm Desert or (909) 469-5127 in Pomona. In most instances I offer free consultations.


I am in complete agreement with the remarks of Attorney Kenney. At least take the advice you received from the only attorney on the planet with any reasonable understanding of your case and the opinions of the first two responders here. Talk to other attorneys, educate yourself about the options and associated costs, and decide how important defending the case is to you. Focus in your private discussions on the relative merits of the deferred judgment vs fighting the case outright. Until you have a good understanding of all of the relevant considerations, there is no way you can make an intelligent and informed decision about how to proceed. Good luck to you.


I can't imagine any responsible lawyer will tell you on this site whether you have a triable case. An evaluation of your trial defenses requires a full evaluation of your file, before anyone can give you an opinion on your chances at trial. It would be irresponsible to tell you, not knowing all of the facts, if you should turn down the DEJ and take your chances at trial. Private attorneys will typically give you a free consult which would include an informal opinion of your chances at trial and then you can make an informed decision. Contact several private attorneys so you can make an informed decision. We offer a 45 minute free consult if you want to ring us.

Brian Michaels

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