Legal Question in Criminal Law in California

Possession of controlled substance for sale

I have a friend that was taken to jail for possession of controlled substance for jail, I was wondering if he would be able to get prop 36, he has been in jail before, this is his second felony. I don't know what his first felony was for, I'm not sure if it was drug related or not. I also want to know do you have any idea what the sentance would be for this most recent charge? he was charged with that and also with obstruct/ETC PUB OFCR. I need to know if he has any options, his bail amount is way too high for me to get him out otherwise I would. Any information would be greatly apperciated. Thank You.

Asked on 7/06/03, 4:36 pm

4 Answers from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Possession of controlled substance for sale

Thank you for your posting.

There are answers to your question, but you may want to bring in the complaint or jail printout, with the exact charges and enhancements, and most defense attorneys will be able to tell you the range of minimum to maximum jail time and other penalties for the exact crimes alleged.

If Proposition 36 is the goal here, a good defense attorney can work with the prosecution to see if he is eligible, or why he is not eligible, and based upon negotiating leverage, reduce the charges so that he would be eligible, rather than face more prison time.

The true potential depends on the maximum for his charge, whether the DA or prosecutor is willing to reduce charges pursuant to a plea bargain, whether the judge is willing to approve a plea bargain, and the exact charges and enhancements he is charged with and/or pleading guilty to.

I hope that this information helps, but if you have other questions, need further information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can

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Answered on 7/07/03, 5:02 pm
Jonathan Kelman Law Offices of Jonathan I. Kelman

Re: Possession of controlled substance for sale

You should definitely speak with an atty as soon as possible. There may be a shot for Prop 36 - depends on his previous history - call me to discuss - (310) 286-1218 - JONATHAN I. KELMAN

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Answered on 7/06/03, 4:39 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Possession of controlled substance for sale

your friend's best bet would be to consult with or retain a defense attorney asap to go over various options and possibilites here. if your friend would like to set up such a consultation, feel free to email my office directly.

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Answered on 7/06/03, 8:24 pm
David Diamond Diamond & Associates

Re: Possession of controlled substance for sale


310 277 1707

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Answered on 7/06/03, 9:35 pm

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