Legal Question in Criminal Law in California

A friend is being charged w/marijuana sales after a police officer read text messages off his phone & found said weed in his car.it was only a gram of marijuana in Santa Clara County,California.my question is given that it was such a small amount would a skilled & well respected attorney in the community have a shot at maybe getting this charge reduced?is there any lesser charge that implies sales but doesn't actually go as sales on the record.or would that either be possesion or possesion w/intent to sell & that being the only possibilities?


Asked on 3/21/12, 10:59 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Whether a lawyer is "well respected ... in the community" is a lot less important than many laypeople believe it is. Her level of skill matters a lot more. But the facts are even more important, and you haven't given us enough to answer your question.

The amount of drugs your friend had in his car is not the reason the police believe he's a dealer. If other evidence (including the text messages) shows that he sold drugs, then he can be charged and convicted even if no drugs were found in his possession at all.

Your friend needs a lawyer to evaluate the case and see what sort of deal she can work out with the prosecutors. As I said, it is more important to find someone who knows what she is doing than someone who is respected -- especially since "respected" is more likely than "skilled" to mean "very expensive".

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Answered on 3/22/12, 11:35 am


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