Legal Question in Criminal Law in California

how to plea bargin

this all started when a search warrant was issued to my home. the police belived that there was probable cause of meth sales going on. well they did there search and found an old empty baggie and a pipe. well we reviewed the affidavit and found out the the probable cause was about my boyfriend they didn't even know who i was. but know we are both being charged with a felony drug possesion charge and misdemenor possesion of paraphanila. i understand that i broke a law by having these things but i'm a college student who is majoring in psychology and planned to go into social work later. that felony charge will destroy my chances of achieving my goals. is an empty baggie enough to be convicted of a felony? what can i do to or can i even have it reduced to a misdamenor?


Asked on 6/30/03, 2:49 pm

4 Answers from Attorneys

David Diamond Diamond & Associates

Re: how to plea bargin

GIVE US A CALL TO DISCUSS. Larry Wolf 310 277 1707

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Answered on 6/30/03, 11:08 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: how to plea bargin

If the amount of the drug was consistent with personal use it would appear that you should be eligible for prop 36 drug treatment. Consult with an attorney regarding this possible resolution to your case and the present consequences to such a plea. If you cannot afford to hire an attorney then request that the court appoint an attorney to represent you. If would be very risky to attempt to handle this case by yourself.

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Answered on 7/01/03, 12:30 am
Quincy Hoang Quincy Hoang, Attorney

Re: how to plea bargin

From the facts you've given, I doubt they will charge you with a felony. An old empty baggie and a pipe isn't that bad in the big scheme of things.

As far as the search warrant issue, I would need to get more details. For example, do you and your boyfriend live in separate rooms? Was there a scale found? It's seems unusual that they would try to charge you with a felony.

It's sounds like you're eligible for Prop 36 or DEJ (Deferred Entry of Judgment - which would result in a conviction not appearing on your criminal record if you successfully complete the program.)

If you like to discuss your case, and how to plea bargain, please give me a call to schedule a free initial consultation.

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Answered on 7/01/03, 12:35 am
Jonathan Kelman Law Offices of Jonathan I. Kelman

Re: how to plea bargin

Since you do not want a felony conviction, you should consult with an atty as soon as possible. Please feel free to call me at (310)286-1218 - JONATHAN I. KELMAN

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Answered on 6/30/03, 2:52 pm


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