Legal Question in Criminal Law in California

My husband was arrested for possession of narcotics and controlled substances and intent to sale, he has 2 prior prison terms and his last time was for possession also, when they arrested him he was alone but thier trying to add gang enhancements against him also,which will give him his first 2 strikes he has no strike as of now , will that stand in trial if they have no proof of him ever being in a gang? how much time is he looking at? Can he file a motion to get the gang charges dropped?


Asked on 8/04/09, 11:10 pm

1 Answer from Attorneys
Gary Polston The Law Office of Gary M. Polston

Technically, nothing will stand in Court without proof. But you still leave it up to the jury to decide what accounts for "proof."

There are too many factors involved to give you a good estimate of how much time he is looking at, including the amount he possessed, how long since last crime, how far he takes the case, etc.

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Answered on 8/10/09, 2:44 pm


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