changing prior charge from possession of sales to possession

[pattycake]

Is there a way of changing a prior conviction from possession for sale to a simple possession?

Also if someone had .78 grams of crack would that be considered possession for sale?

 

[calatty]

You can't change the nature of a prior conviction. .76 gms, less than a gram, would most likely be charged as possession.

 

[tiffanie]

Intent to sale/paraphenelia/possesion charge

I live in California I am being charged with possesion of 2.5 of methanphetamines also intent to sales and parepenalia.I was at hotel walking to my car police on bikes stopped me before i got to car and questioned me ran my name and found a warrant so they arrested me and searched the car I was walking to and found the meth I asked them to tell my wife in the room of hotel that Im going to jail They went up to room and searched room with okut her consent and found a clip with five bullets in clip in one of the bags in the room along with scales (2) and empty baggies(5) and a smoking pipe they arrested my wife for intent of sales also and paraphenalia and added a clip charge to my charges I have a prior stike my clip charge got dropped due to no evidence that it was mine but got picked back up and now Im facing 32 months W as this an illegal search and seizure and what are my rights I am a drug user for many years but have never sold drugs please help

 

[calatty]

When the police stopped you walking to the hotel, that would be considered a consensual encounter. After they found out about the warrant and arrested you, they were entitled to search you. They were not allowed to search your hotel room without anyone's consent, but they will probably claim that your wife consented or that they saw some contraband in plain view when she opened the door, giving them the right to search.