I'm charged with 11377(a) and 11364.1(a), been threw the system last 5 yrs and have a record, any chance of dismissal.

Asked over 1 year ago - Irvine, CA

Items were in motel and co-defendant was on probation so naturally probation sweep, If my co-defendant is on probation shouldn't they get the charge instead of me??? I simply did not consent to any police interrogation, bailed out codefendat still remanded for a month now, court coming up real fast, what are some good questions I should I ask my PD before arraignment that will help me beat this, I don't see how this could become a conviction, neither of us were using and they never tested us could it still swing in the direction of personal use and plea out with a program?, what are my chances of out-patient? I have completed a 1yr residential before so im not looking to do that again? Any advice would help.

Attorney answers (5)

  1. Nicholas Maurice Rosenberg

    Contributor Level 14


    Lawyers agree

    Answered . I strongly advise you to retain a private attorney to advocate on your behalf before any charges are filed. A public defender will not do this because they only receive appointment once charges are filed and you have to appear in court. You raise some interesting facts but there is not much I can tell you without seeing the reports except that it is possible that both of you get charged for possession of a controlled substance, and you may be eligible for a drug program.


  2. Daniel C Grupenhagen

    Contributor Level 15


    Lawyers agree

    Answered . The only really good thing to discuss with your lawyer is whether you are eligible for a program if the search and facts support the charges.

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  3. Donald Gray Drewry


    Contributor Level 12


    Lawyers agree

    Answered . Hire a private attorney immediately to try to prevent the DA from filing against you. If you wait for the PD, the charges will have been filed, and the fight is on. If on probation, you may be illegible for revocation and reinstatement same terms and conditions depending on the circumstances. But it would be better to try to cut this off before it happens if possible at this late date.

  4. Michael Bruce Mcclellan

    Contributor Level 7

    Answered . Yes, depending on some nuances, you may be able to earn a dismissal. There are several possible routes. Be aware that the PC 1000 route can be used a second time IF the first time through was not within 5 years.

  5. Robert Alexander Comley

    Contributor Level 5

    Answered . Something to consider, and have the PD look into, is who rented the motel room? If it was you, and not the co-defendant, then the police may have conducted an illegal search.

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