Legal Question in Criminal Law in California

What is the minimum punishment recieved on a 4 felony drug charge case, first offense.

Possession,transportation, sales, paraphernalia


Asked on 11/30/11, 11:07 pm

4 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

None, unless you are convicted. Don't get convicted.

Otherwise, your question doesn't provide enough information.

What drugs? Are we talking baggies, or boxcars?

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Answered on 11/30/11, 11:21 pm
David M. Wallin Law Offices OF David M. Wallin

Not enough info for any kind of answer. The best answer I can give is that these charges can be life-changers. So call an attorney who knows what their doing and talk to them in their office or on the phone. After that type of a conversation, with the right lawyer, your questions will be answered. Give me a call, if you would like, during normal working hours, and I will be glad to answer all your questions regarding these charges......David Wallin

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Answered on 11/30/11, 11:47 pm
Terry A. Nelson Nelson & Lawless

No one can speculate at this point. You�ll learn the actual charge[s] and enhancements filed and get copies of all the police reports and test results when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much �time� and fines could potentially be imposed if convicted.

In California, if convicted of any felony, you potentially face a minimum of one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 6-12 months in jail, plus fines. Multiple counts and charges will multiply your problems. If you have priors and strikes, those will add �penalty �enhancements� under the 3-Strikes rules. If this constitutes a probation or parole violation, factor those new violation charge[s] and old deferred sentence[s] in as well.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any testimony or evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help, using whatever defenses there may be.

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Answered on 12/01/11, 10:39 am


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