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CA-My apartment manager was busted for drugs

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CelticOm

Junior Member
California-According to Superior Court records obtained online, he was convicted of H&S code 11378 last fall. Yet he is still walking around the place (and all his ''friends'' are still visiting regularly). He was busted again recently (11377 this time), and still the guy isn't in jail. They might not have had anything on him this time, but if he was convincted of 11378, how is he still free?
 


Zigner

Senior Member, Non-Attorney
California-According to Superior Court records obtained online, he was convicted of H&S code 11378 last fall. Yet he is still walking around the place (and all his ''friends'' are still visiting regularly). He was busted again recently (11377 this time), and still the guy isn't in jail. They might not have had anything on him this time, but if he was convincted of 11378, how is he still free?
A decent lawyer perhaps?
 

CelticOm

Junior Member
I figured someone would know something about mandatory sentencing. I thought jail time was automatic in California for selling narcotics. Apparently not.
 

CdwJava

Senior Member
California-According to Superior Court records obtained online, he was convicted of H&S code 11378 last fall. Yet he is still walking around the place (and all his ''friends'' are still visiting regularly). He was busted again recently (11377 this time), and still the guy isn't in jail. They might not have had anything on him this time, but if he was convincted of 11378, how is he still free?
Contrary to the screams of the pro-drug crowd about all these poor dopers being tossed in prison, very, very few people arrested for possession and even small level sales EVER go to prison. Most plead to lesser offenses or take a plea that keeps them out of custody.

In CA very few dopers remain in custody, and few ever go to prison.

- Carl
 

CelticOm

Junior Member
If anyone has any USEFUL advice for the tenants of my building who are not happy about the fact that we have a manager who was convicted of selling narcotics (and who is clearly still doing so out of his on-site apartment), please help. He is the god-son of the landlord who is in complete denial, so there's no help there. The cops busted him again after weeks of surveillance, and raided his apartment, but they let him go, so we can only assume they didn't have enough on him this time around. But he was convicted in a separate incident last fall. We are very confused as to how someone can be convicted of selling narcotics and not do any time. How can we find out what really happened?
 

CourtClerk

Senior Member
If anyone has any USEFUL advice for the tenants of my building who are not happy about the fact that we have a manager who was convicted of selling narcotics (and who is clearly still doing so out of his on-site apartment), please help. He is the god-son of the landlord who is in complete denial, so there's no help there. The cops busted him again after weeks of surveillance, and raided his apartment, but they let him go, so we can only assume they didn't have enough on him this time around. But he was convicted in a separate incident last fall. We are very confused as to how someone can be convicted of selling narcotics and not do any time. How can we find out what really happened?

First of all, who said that the State of California had mandatory sentencing laws for possession?

Second: Advice for you and the tenants of your building who are uncomfortable with the management:

MOVE
 

CdwJava

Senior Member
If anyone has any USEFUL advice for the tenants of my building who are not happy about the fact that we have a manager who was convicted of selling narcotics (and who is clearly still doing so out of his on-site apartment), please help. He is the god-son of the landlord who is in complete denial, so there's no help there.
If the landlord won't do anything, then you are out of luck. You can always choose to move, or get all the tenants together to plead to the landlord for this guy's removal. Other than that, there is no way you can compel the landlord to remove the manager.

The cops busted him again after weeks of surveillance, and raided his apartment, but they let him go, so we can only assume they didn't have enough on him this time around.
They either only had him detained, or, he made bail. It could be that they found no evidence to support an arrest ... maybe he dimed off a dealer or some other deal ... there really is no way to know WHY he was let go.

But he was convicted in a separate incident last fall.
Irrelevant to the recent arrest/detention.

We are very confused as to how someone can be convicted of selling narcotics and not do any time. How can we find out what really happened?
You can contact the court and ask about his recent conviction.

- Carl
 

CdwJava

Senior Member
First of all, who said that the State of California had mandatory sentencing laws for possession?
I was wondering the same thing ... I wasn't aware we did, but sentencing issues are outside my experience for the most part. I know there are some for certain offenses, but I don't know that these are among them.

I didn't notice any minimum sentences in 11377 or 11378 H&S.

- Carl
 

CourtClerk

Senior Member
I was wondering the same thing ... I wasn't aware we did, but sentencing issues are outside my experience for the most part. I know there are some for certain offenses, but I don't know that these are among them.

I didn't notice any minimum sentences in 11377 or 11378 H&S.

- Carl
I just went into my handy dandy set of reference books here and didn't see anything (can you imagine how bad the prison system would be if there were??? talking about shipping them out of state now...:eek:), however, I've noticed that there are people that think that mandatory minimums for drugs applied for ALL states. There are some states (FL for one) that do have some mandatory sentencing, but those are state issues. Now of course, I believe there are Federal mandatory sentencing guidelines but his offense obviously didn't qualify.
 

CelticOm

Junior Member
Not possession. He was convicted of 11378, which is possession for sale. The new charge is just a possession charge. I'm not surprised he got off on that new one, but I am amazed that you can be convicted of sales and not do a single day in jail - he was managing the apartment at the time of the conviction, and he was never gone from here. So much for time served.

If you go on Google, you can find all sorts of information on mandatory sentencing, both federal and state. I can't find the link that showed the actual mandatory sentences for sale of controlled substances.

It is easy to say "just move," but that is not a feasible option for a lot of people here. Many of the tenants have been here for years, and they are under rent control. This used to be a really peaceful place, and now there are weirdos running across the yard constantly when it is supposed to be private property. You would think the landlord would be concerned about knowingly employing a convicted drug dealer as manager. Liability issues or something. Personally, I don't care if the guy wants to sell drugs, as long as he isn't bringing his customers here.

Anyway, thanks to those of you who are trying to help. I guess we just have to bide our time until he inevitably slips up again.
 

CourtClerk

Senior Member
If you go on Google, you can find all sorts of information on mandatory sentencing, both federal and state. I can't find the link that showed the actual mandatory sentences for sale of controlled substances.

I don't need to look on Google, I work in a courthouse on a daily basis. My screen name is my profession. I spent a couple of years in criminal. Carl is a law enforcement officer.

It is easy to say "just move," but that is not a feasible option for a lot of people here. Many of the tenants have been here for years, and they are under rent control. This used to be a really peaceful place, and now there are weirdos running across the yard constantly when it is supposed to be private property. You would think the landlord would be concerned about knowingly employing a convicted drug dealer as manager. Liability issues or something. Personally, I don't care if the guy wants to sell drugs, as long as he isn't bringing his customers here.

Anyway, thanks to those of you who are trying to help. I guess we just have to bide our time until he inevitably slips up again.
It boils down to this. If you are THAT uncomfortable with where you live, you leave. If you care more about how much you pay, then that's the price you pay when you want cheap rent.
 

CelticOm

Junior Member
I found this partial paragraph from a California attorney's site: "For example, a first-time offender convicted of possessing with intent to deliver 100 grams to 5 kilograms of heroin will receive a mandatory minimum sentence of five years in prison (the sentence can be as high as forty years)."

Now, I don't know if it was heroin, and I don't know the quantity. But still - 11378 is defined as "possession for sale of dangerous drugs such as PCP, LSD, ketamine or methamphetamine." Sounds pretty serious, and I don't think he spent even one day behind bars. And doesn't it have to be a certain amount in order to rise to the level of "intent to sell"?
 

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