Legal Question in Criminal Law in California

my husband was charged with (1)possession and (1)transportation of a controlled subtance on 11/17/08. he has 2 prior convictions for felony manufacturing (1992, 1997). some of the circumstances involving the new case (my opinion) could result (and should result) in a dismissal. are the priors he has going to make that impossible?


Asked on 8/28/09, 6:30 am

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

It depends on those circumstances. Your husband cannot be convicted just because of his record. If there is insufficient evidence, the judge should dismiss the case at the preliminary hearing. If the police obtained evidence illegally, that could also result in dismissal.

On the other hand, if he is convicted of new trafficking related offenses, his prior convictions could increase his sentence and make him ineligible for probation.

Your husband needs an experienced attorney who knows how to defend people accused of drug offenses. The possible defenses in this case can only be identified after a thorough review of all of the evidence.

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Answered on 8/28/09, 9:33 am
Terry A. Nelson Nelson & Lawless

Any grounds for dismissal or other defenses he may, or may not, have are independent of the priors. The priors can enhance the penalties to '25 to life' if he is convicted. Unless he is capable of effectively representing himself against a prosecutor intent on putting him in prison, sounds like a situation where he needs to get legal counsel. If serious about doing so, feel free to contact me. If he can't afford private counsel, apply to the public defender.

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Answered on 8/28/09, 1:45 pm


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