Legal Question in Criminal Law in California

what to expect

Ok I got in trouble with the law like 4 years ago. I was charged with 1.Position of controlled substances 2.possition of concentrated cannabis 3.Marijuana less than 1oz. so it came out to- 2 felonies and 1 mistermeter. I completed all requirements the judge asked of me I paid the fines and attend NA classes. Well about a week ago I got pulled over and was charged with position of marijuana more than an ounce (a felony amount). What should I expect to happen on my court date this time?


Asked on 4/18/09, 3:25 am

3 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: what to expect

Here are the issues & why you need to get a good defense attorney in your area:

You have two prior felonies on your record. Penal Code section 1203(e)(4) says it's a presumption that a person with two prior felonies should go to state prison for any subsequent felony convictions.

You have prior drug offenses - The DA will say that clearly you did not learn from probation and don't deserve another shot at probation & should go to prison instead.

You may have search issues, leading to the exclusion of the evidence.

You may be able to get the charge reduced to a simple possession of less than an ounce (although you don't say how much you had - I don't know if you're being coy and really had 50 pounds)

Having said all that, to answer your question, "What should you expect?" There are too many variables. Only an attorney with all the facts can answer this in a face-to-face meeting.

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Answered on 4/20/09, 9:35 am
Terry A. Nelson Nelson & Lawless

Re: what to expect

Felony conviction means prison time, enhanced by your priors. Now, if this is in SoCal courts, and if you're serious about getting legal defense in this, feel free to contact me. You may have grounds for various motions to suppress, to strike priors, etc. It doesn't sound like you are experienced or know what/now to do an effective defense by yourself.

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Answered on 4/20/09, 1:26 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: what to expect

Over an ounce of marijuana is not necessarily a felony unless you are being charged with intent to sell or transportation. The key to your case is whether there are facts which will enable the DA to charge and prove intent to sell. If not, and you can prove that the amount you possessed was for personal use, your case is not as bad as you might think, even if felony transportation is being charged.

Contact a lawyer who is familiar with marijuana laws, particularly with defenses based on medical marijuana use.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 4/21/09, 1:21 am


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