Is there a chance for a friend to get PC1000 instead of charge of sales and possession for sales of a controlled substance?

Asked about 1 year ago - Hayward, CA

Two friends at a music festival in Indio. They had 5-10 ecstasy pills for personal use for the weekend. Undercover cops approached them and asked if they had any to sell. The friends agreed to sell what they had. Guy 1 was charged for possession and Guy 2 was charged for sales. However, Guy 2 ended up with possession for sales and also sales when the charges were filed months later and Guy 1 just got possession. Guy 1 was allowed the diversion program for his possession charge yet he had a prior for meth whereas Guy 2 that is getting charged with two possible felony counts has no prior drug offenses. As a first time offender, can he get the same sentence as Guy 1? If not, as a young man in early twenties, is there any other way to avoid felonies as he is trying to licensed as a CPA

Attorney answers (3)

  1. Vijay Dinakar

    Pro

    Contributor Level 17

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    Lawyers agree

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    Answered . Yes it possible that the individual could get diversion., it's also possible the matter could be dismissed or the individual could be found not guilty after a jury trial. It's also possible that the individual will be convicted of felony drug sales and spend time in custody. Much will depend on the specific facts of the case, the particular DA and Judge on the case, any proof problems, the individual's background, and the individual's attorney. The individual is best advised to hire the best attorney he/she can afford. As to whether this will affect a CPA licensure, the individual should tell the attorney that he/she wants to pass the moral turpitude/background component of the CPA exam. With that information and goal in mind, the attorney can proceed accordingly. Best of luck

  2. Michael Kevin Cernyar

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Difficult but not impossible and it's unlikely to happen if your friend defends himself. In addition, it is unlikely to happen in one court hearing so be patient and let the attorney work it through.

    The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice... more
  3. Bobby Glenn Bell

    Contributor Level 8

    1

    Lawyer agrees

    1

    Answered . It's certainly possible to get PC 1000 if the D.A. is willing to dismiss the two sales charges and add a simple possession charge.

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