Legal Question in Criminal Law in California

can a trafficing case being my first offense be dropped to misdermeaner


Asked on 12/08/11, 10:47 pm

4 Answers from Attorneys

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

I have no idea what the facts or charges are in your case. All I can tell you is if you don't have your own lawyer onboard, your desired outcome probably won't happen.

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Answered on 12/08/11, 10:52 pm
David M. Wallin Law Offices OF David M. Wallin

The answer is NO. Trafficking is a straight FELONY. The only way to get a misdemeanor is to have your attorney negotiate to a different charge. Get a good lawyer. If you want to ask any further questions, give us a call...... David Wallin

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Answered on 12/08/11, 11:07 pm
Terry A. Nelson Nelson & Lawless

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. If they arrested you, they think they can convict you.

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.

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 12/09/11, 10:49 am


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