Legal Question in Criminal Law in California

After a routine trafficc stop I was pulled out of my car,searched and found with 3 seprate 3 gram bags of meth, a scale, and a meth pipe in my possession. I had zero cash, this is my first drug offence, second arrest. Im currently being charged with possession, paraphernalia, sales, and transportation. When i am soley a user, despite how it looks. What are the odds of them dropping it to a simple possession and recieving alternative sentencing, as opposed to a prison term for sales and transportation?

Asked on 12/01/11, 1:56 am

3 Answers from Attorneys

David M. Wallin Law Offices OF David M. Wallin

There are several variables that must be anaylzed to give you an idea as to the possible outcome in your case. Some of those are, 1)Your record 2)any statements attributed to you 3) The D.A on the case 4)How good an attorney you have and a few others. Of all of those variables, the only one YOU control is what attorney you have. Get a very good lawyer and your chances are better. You have 3 choices : 1) Public Defender (Not my advise) 2) A cheap lawyer ( if someone charges very little, they expect to do very little) and 3) An experienced, seasoned and credentialed attorney. Our office has about 50 years of experience handling these matters and I am a Former Deputy District Attorney and a Certified Criminal Law Specialist. Find someone with those credentials and background, but expect to pay more than with lesser experience and credentials. YOU GET WHAT YOU PAY FOR. I wish you the best......... David Wallin

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Answered on 12/01/11, 5:00 am

Terry A. Nelson Nelson & Lawless

CAN the case end up being reduced or dropped? Sure. Is that likely, just because you want it? No. No insult intended, but I assume you know that there is no magic wand to waive and make this go away. The police and prosecutors don't spend time and money arresting, charging and prosecuting cases only to drop them without a fight, and a reason to do so. If they arrested you, they think they can convict you.

Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any testimony or evidence obtained in a test, search or confession be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence, facts and sympathies are available for legal arguments, for evidence suppression or other motions, or at trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. Iíll be happy to help, using whatever defenses there may be.

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Answered on 12/01/11, 10:41 am

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