Legal Question in Criminal Law in California

I was charged with a Conspiracy to commit a crime. The DA offered me to drop the conspiracy to a possession of meth/narcotic so I qualify for DEJ program.Once the program is complete it goes away as if it never happened. For one I didn't have any drugs on me.Should I take the deal or do they even have a case? Oh and I don't have a record. Every case I've had I beat. So no convictions.


Asked on 8/05/13, 10:50 am

4 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Whether they have a case will depend on the evidence. You haven't told us what the evidence is, so we can't offer any guidance. The fact that you've beaten prior charges does not mean you will beat these if you go to trial.

The fact that you didn't have drugs on you at a particular time does not necessarily undermine the possession charge. You can possess something even when it isn't on your person. And the D.A. may be able to prove you had drugs on your person at some time other than the moment of your arrest.

If the case has reached the point where the D.A. is offering a deal, you should already have a lawyer. If you do, she should be the one you ask for advice. If you don't, you should get one right away.

Good luck.

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Answered on 8/05/13, 10:57 am
Anthony Roach Law Office of Anthony A. Roach

I agree with Mr. Hoffman. You mention beating prior cases, but that means you have had prior cases. You should be aware that under the DEJ program you would have to go substance abuse classes and get randomly tested. If you have a drug problem and can afford the program, then you should take it. But you would need to comply with the program.

I've had clients who successfully completed it, and I have had clients who could not. When you mess up in the system, you end up with the judgment (the J in DEJ).

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Answered on 8/05/13, 11:40 am
Joe Dane Law Office of Joe Dane

Asking whether to take a deal or not on the internet is a horrible idea. There's no way any attorney could (or should) advise you about this decision. Only YOUR attorney should be... the one with access to all the reports, witness statements and evidence.

Ask your own attorney.

Sorry - this just isn't one where anybody should be weighing in.

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Answered on 8/05/13, 12:53 pm
Kelvin Green The Law Office of Kelvin Green

Get an attorney and get some help. Your streak will end in beating cases and you will either be dead or have a long tour in the state prison . We have no idea what evidence they have but to substantiate a conspiracy charge does not take any drugs on you.

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Answered on 8/05/13, 5:31 pm


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