Legal Question in Criminal Law in California

A friend of mine has 1 strike, and is now in custody for possession of marijuana with intent to sell and transport in the state of California. They are trying to give him 8yrs. The marijuana was not found on him, in his car, or in his home. The only thing that the officers found on him were baggies. So my question is what can we do to try and beat this case. He has lived in this community his whole life.

Asked on 4/05/13, 4:49 pm

5 Answers from Attorneys

Kelvin Green The Law Office of Kelvin Green

How do you best "beat" this case. Find a good criminal defense attorney with experience an drug cases. Ding anything less will be a cause for disaster.

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Answered on 4/05/13, 4:53 pm

David M. Wallin Law Offices OF David M. Wallin

I agree with the other attorney. As a Former Deputy District Attorney and a Certified Criminal Law Specialist, these cases, in my experience, are very tricky, and need an experienced attorney to go up against the DA's Office. If you want to discuss the case with me, call me at 661-267-1313. I wish you well........Dave Wallin

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Answered on 4/05/13, 5:06 pm
Terry A. Nelson Nelson & Lawless

“Beat” the case?

By winning it at trial.

By having defense facts and evidence sufficient to keep a jury from convicting him.

Otherwise, by negotiating the best plea bargain he can, considering that the prior strike basically oubles the normal sentencing penalties of the current charges.

If he is serious about rolling the dice at trial, understanding that he risks sentencing to the full extent of the law if he loses, and is serious about hiring an attorney to take it to trial, feel free to help him arrange for payment of the attorney fees, investigator fees, and other costs that will be required.

Alternatively, I'll be happy to defend him in the plea bargain negotiations.

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Answered on 4/05/13, 5:16 pm
Edward Hoffman Law Offices of Edward A. Hoffman

I agree with the prior answers. Your friend needs a good defense lawyer right away.

The fact that the drugs weren't on him when found does not mean he's innocent. You probably have possessions that aren't on your person right now, but that does not change the fact that you possess them. The same is true here.

The baggies found on him would not be nearly enough evidence by themselves, but they may be significant when combined with other evidence. Note that there may be a great deal of other evidence you don't know about.

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Answered on 4/05/13, 5:29 pm
Zadik Shapiro Law Offices of C. Zadik Shapiro

We do not have all of the facts but your friend needs a good lawyer, one with considerable experience in criminal defense. Ask your friend to give you a copy of the police report. If he does not have it he can get if from his attorney and take it to an experienced attorney and ask them for their advice.

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Answered on 4/06/13, 4:16 pm

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