Legal Question in Criminal Law in California

HS 11379 (a)

If a person is charged on this penal code, can it be reduced to a simple possession charge? Or does transporting in a vehicle define why the penal code is 11379 vs. 11377? The discovery investigation and 911 call we have, states that this person was ''going to the Coronado bridge'' in a possible attempt to commit suicide. With that leaving all possessions in the vehicle. What can we do?

Asked on 1/30/09, 12:15 am

3 Answers from Attorneys

OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES
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Re: HS 11379 (a)

You had better get an experienced attorney. I have 20 years experience, contact me directly.

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1/31/09, 6:19 pm
Terry A. Nelson Nelson & Lawless
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Re: HS 11379 (a)

You can ask for anything you like. Getting it is different. Reality is that the prosecutor will 'deal' the charges with your attorney based on rap sheet, facts & details, etc., or will force you to trial. Hire an attorney. Feel free to contact me if serious about doing so.

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1/30/09, 6:16 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz
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Re: HS 11379 (a)

Yes, if the amount possessed clearly indicates personal use rather than intent to sell, a good lawyer should be able to reduce charges to personal use. Even if the charge remains a felony (most likely it will) possession for personal use can be diverted away through a treatment program -

DEJ or Prop 36 - at the end of which charges would be completely dismissed. Better outcome than reduction to a misdemeanor.

Feel free if you are interested in obtaining legal representation for this case.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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2/01/09, 2:24 am

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