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  1. #1
    captainsteroid is offline Junior Member
    Join Date
    May 2010
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    Hs 11359, 11357(a)-fe11, 11360(a).

    This is my first experience with this type of thing- I've never been arrested and cuffed before this particular morning.

    I got pulled over at three in the morning for driving 50 in a 70. I had just purchased four 3.5 gram bags of weed (all properly labeled in dry erase marker) and a gram of hash, along with a small bottle of tincture. Conveniently enough, these were on my seat when the police rushed to my window. They found it all (including my friend's scale for purchases), arrested me, and cited me with HS 11359, 11357(A)-FE11, and 11360(A).

    One question I have- are the ferocity or moods of the two arresting officers going to affect my charges at all? By the time they pulled into county jail they were making jokes, bull****ting, and even giving me advice on "doing the right thing" and such. The charges are usually up to the DA, right?

    Would getting a script for marijuana affect this- lessen the blow, distract charges, or what have you? At 18 I don't have income greater than $200-350 a week, and since I'm already paying off fines I don't exactly have wads to spare for a lawyer or attorney. And what of this Proposition 36? Is there anything I can do to stay out of jail?

    Thanks for your time.
  2. #2
    Join Date
    May 2010
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    864
    One question I have- are the ferocity or moods of the two arresting officers going to affect my charges at all? By the time they pulled into county jail they were making jokes, bull****ting, and even giving me advice on "doing the right thing" and such. The charges are usually up to the DA, right?
    The cops arrest based on probable cause and recommends charges. The DA files them. It will be up to the DA.
    Would getting a script for marijuana affect this- lessen the blow, distract charges, or what have you? At 18 I don't have income greater than $200-350 a week, and since I'm already paying off fines I don't exactly have wads to spare for a lawyer or attorney. And what of this Proposition 36? Is there anything I can do to stay out of jail?

    Possession for sales is a little bit of a stretch but that often happens when you have individual baggies and a scale. I also would consider prop 36 a little harsh for your case as it will likely dispo out it... that is more for meth etc.

    Case law has already established you must have your prop 215 rec before arrest HOWEVER, I personnally have seen after acquired 215 cards result in many dismissals (usuallyh simple possession cases) as it makes pursuing you unappealing.

    I doubt you'll do any jail time at all... but they may definately scare you with it. ANY drug conviction means your license is gone for a year so you might talk to your attorney about DEJ as a way to keep your license.
    This case is sounding a little weak - so I would get a good lawyer and my prop 215 rec (if medically eligible) and I wouldnt jump on the first thing they offer.

    If you goof up this case or allow a PD to goof it up, you could have a very serious charge on your record. So if you get a Felony filed on you, you should be ready to do whatever it takes to get a lawyer to fight that to make it go away.
    Last edited by StevenJ_420Law; 05-18-2010 at 05:16 PM.
  3. #3
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
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    27,435
    Have you seen the report? Did it say the officers were on routine traffic patrol, saw a speeder and then bailed out of the car to "rush" the window?

    Being stopped by enough cops in CA that they "rush" your window seems to indicate to me that they were eyeballing you or the house/person you bought the stuff from.

    They may have a better sales case against you than you think. You definitely need an attorney ASAP. And while some counties in CA might give a free pass or DEJ on a plea to possession from sales, others will not. Depending on where you are in the state, you might get very lucky or be very screwed. A local attorney should be able to tell you which side of the fence your county sits on.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM
  4. #4
    Join Date
    May 2010
    Posts
    864
    To clarify I do not think the OP would get DEJ on a felony sales case - 11378 isnt even PC 1000 eligible; I simply do not consider what he has presented to represent a sales case.

    So OP, what do they have? I was taking the post at face value - that there was no felony case here... a few differnt strains individually labeled and a scale, that can be probable cause for arrest if the cop is an ass and/or you failed the attitude test - but unless you talked yourself into a felony, had a ledger, money, or other indicator of sales - they have nothing and it likely wont be a felony prosecution. In order to adjudicate that felony (unless you pled) they would have to hold you to answer and that would be a prelim and the officer would have to lay out his sales case. If all he can say is he found a few baggies consisting of an half O and a scale - sales is a tough sale IMO.

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