Legal Question in Criminal Law in California

Charged with HS 11352 (transportation & furnishing of cocaine)

I was trying to meet a woman online through a personal classified who ended up being a detective. I first responded to the classified ad which said ''all the snow melted...looking to party''. I responded to the ad saying ''wanna ski...fresh snow''. After that we exchanged a few more back and forth e-mails. He asked me if I ''have enough stuff for both of us''...I said ''yes...I'm coming from x location''. My yes response was vague ( I thought)with another sentence describing where my location was. When I got to the place of meeting, I parked my car just short of the meeting place. I was in the car for about a minute and next thing I know I was getting dragged out of the car - handcuffs on. The detective charged me with two counts of felony HS 11352 (transportation and furnishing). I had approximately 3.5grams of powder cocaine with me. I don't have a prior criminal record nor was I intending to sell anything. I was posessing the drug for my personal use - at least from my perspective.

The question:

1) Can they charge me with transportation with 3.5grams of powder cocaine?

2) Is there enough evidence to get chraged for furnishing instead of posession for personal use?

Thanks


Asked on 6/22/09, 6:13 pm

4 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Charged with HS 11352 (transportation & furnishing of cocaine)

You're in a pile of deep stuff, and it ain't snow.

You very probably will be charged with dealing, and you could well get jail time if you are convicted. The good news is you may have defenses including entrapment and you could be eligible for programs. Now do the smart thing and bring a lawyer with you on your first court date. Please call me if you like.

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Answered on 6/22/09, 6:26 pm
Terry A. Nelson Nelson & Lawless

Re: Charged with HS 11352 (transportation & furnishing of cocaine)

1. and 2. -- "Can they"? They already did.

You can either plead guilty and take the prison time, OR, hire an attorney that knows how to effectively use whatever defenses and evidence you have in suppression motions or at trial. Feel free to contact me if serious about doing so.

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Answered on 6/22/09, 6:27 pm
Terry A. Nelson Nelson & Lawless

Re: Charged with HS 11352 (transportation & furnishing of cocaine)

1. and 2. -- "Can they"? They already did.

Aren't online 'hook ups' just wonderful? Have you not watched all the various TV programs about police stings of 'drugs for sex', and of pedophiles?!

You can either plead guilty and take the prison time, OR, hire an attorney that knows how to effectively use whatever defenses and evidence you may have in appropriate suppression motions, or at trial. Feel free to contact me if serious about doing so.

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Answered on 6/22/09, 6:32 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Charged with HS 11352 (transportation & furnishing of cocaine)

Yes and yes.

Transportation of any amount of cocaine is a crime, even if it really is just for your personal use. Section 11352(b) covers transportation for sale, but 11352(a) applies to all transportation. A jury that believes your supply was for your personal use can convict you under 11352(a), even if you are charged with 11352(b).

From where I sit, there is plenty of evidence that you intended to distribute the cocaine. That doesn't necessarily mean you intended to sell it. The law bans "distribution", not just sale, so even giving it away would have been a violation.

The word "snow" is often used as a sort of code for cocaine, and the word "ski" is code for using cocaine. The emails you traded suggest that you were indeed planning to share the drugs with your date. After all, what else could you plausibly have meant by saying you had "fresh snow" and "wanna ski" in June in Los Angeles? That you actually had cocaine with you when you showed up makes an already strong argument about your actual meaning almost ironclad.

You're in deep trouble. Get a lawyer *immediately*.

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Answered on 6/22/09, 6:33 pm


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