Legal Question in Criminal Law in California

My husband has a record and he is being charged with possession of controlled subtances, a very small amount. they scrapped residue out of a pipe. The pipe belonged to the driver put they are charging him because he has priors and on probation. Can you tell me what he looking at time in jail. Can the possession charge be a misdemeanor. Can he might do one yr in the county jail?

Asked on 6/27/12, 10:21 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Can you tell me what he looking at time in jai? No.

The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc.

The charges actually filed will determine how much ‘time’ and fines could potentially be imposed. You’ll learn the actual charge[s] and any enhancements filed and get copies of all the police reports, evidence 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. In California, if convicted of any felony, you potentially face one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 12 months in jail, plus fines. Priors and strikes will add ‘penalty ‘enhancements’ under the 3-Strikes rules. If this constitutes a probation violation, factor those new violation charge[s] and old deferred sentence[s] in as well. Bottom line, he is facing at least several years potential prison time. What he 'gets' is up to either plea bargaining or a jury verdict.

When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, 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 fight the criminal charges and get the best outcome possible, using whatever defenses there may be.

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Answered on 6/28/12, 1:26 pm

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