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Possession (second offense) and sales 1st time offender. . .What to expect from Orange county courts

Santa Ana, CA |

My girlfriend was found in possession of 1.5 grams of crystal meth. She had used the night before so it was in her blood stream, and completed a diversion program approximately 4 years ago. After searching her and her purse, the cops searched her room and found a scale (which did not belong to her) and baggies (do not know the type, size or quantity) Is that enough evidence to get stuck with the distribution charge, or is there a good chance the distribution charge will be dropped allowing her to use a diversion program considering this is her second offense.

Attorney Answers 3


First things first, why did they search her house? If an illegal search, she may be able to drop the sales charge. Is having scales, baggies, ect. enough was your question. My answer to this, is depends, it depends on the jury, therefore if this case were to go to trial, then jury selection is key.

The baggies and scale are what is called circumstantial evidence. It isn't great evidence, like eye witness or admissions, but it is good. Plenty of people have been convicted on circumstantial evidence alone.

However, she may be able to drop the sales charge, but in regards to the possession charge, that is a bit trickier. She may qualify for Prop 36 still. You need to go through all the options before making a decision.

Elliot Zarabi

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Prop 36 is probably available to your girlfriend if it is her second drug offense if the possession for sales charge gets dismissed. There appears to be some evidence of possible distribution, but a good criminal defense attorney can challenge that. I agree with the first answer that one possible way to challenge the case is to attack the probable cause for the search. Your girlfriend needs to hire an attorney...

This response is not intended to create an attorney-client relationship. The information offered in this response is for general informational purposes and is not a legal consultation. You must talk with an attorney of your choice before making any decision about your actual legal rights.

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Your girlfriend is in a difficult, but not impossible situation. The typical prosecutor will charged her with the highest charge possible. Orange County is no exception. Since baggies and a scale was discovered there may be a distribution charge. If so then there are several strategies to chose from. I encourage her to meet with an attorney to discuss further. Many reputable attorneys provide free consultation. I wish her the best.

The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.

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