HS 11377: Possession of Ecstasy in California

[xxffafxx]

Hello all,

so im concerned about whats going to happen to me, about a 3 weeks ago I was driving home from Hollywood and I was about 4 streets from my house and I was driving and i flicked my light to see which numbered street I was on and I was also on my cell phone calling my roomate to see if he was home to open the door. A cop was driving on the other road and he flipped a U-turn and pulled me over. The police pulled me over and asked me for my drivers license and asked me why he pulled me over. He asked me why i was flickering my light and he knew that I was on my cell phone. He also asked me if I had ever been arrested (i have never been) and he told me to get out of my car. He put me on the sidewalk and patted me down and found 3 pills on me. I got hit with possession of ecstasy.

This is my first time EVER being arrested with anything, this is my first drug offense, first time everything etc etc. My court date is tomorrow and I was wondering what the charges are going to look like. Thanks alot!

 

[CdwJava]

If you are charged with H&S 11377(a) this is a potential felony. At the arraignment you will be asked whether you have engaged legal counsel or are in need of appointed counsel,. You will also be asked to enter a plea to the charges that are read off to you.

If this is a second appearance and is your preliminary hearing, then the state will look to establish probable cause to believe a crime was committed and that you committed the crime.

If you only face 11377 you may be eligible for diversion via PC 1000 or Prop 36. Your attorney can give you some idea of what is best for you. Your attorney can also give som idea as to whether or not the search was bad and if the evidence can be suppressed.

Talk to your attorney ASAP.

 

[xxffafxx]

Yes, this is going to be my first court appearance and I am going to be appointed a Public Defender

 

[CdwJava]

Yes, this is going to be my first court appearance and I am going to be appointed a Public Defender

Then it will be the arraignment.

Discuss your options with your attorney. You will likely be able to get away with diversion. That will mean probation, drug testing, searches, and counseling for a year and a half or longer.

 

[StevenJ_420Law]

Diversion is a good opition. Diversion will require a plea and if you goof up, your proceedings will be reinstated and you'll find yourself in progressively hotter water.

You have some rights you may want to explore... and maybe hope for a better deal like maybe unmonitored DA diversion.. or who knows, maybe even a plea to a cell phone ticket.

When an officer detains you to investigate an infraction, such as a cell phone, he can only detain you long enough to investigate the infraction and write you your citation.

I'm sure he has his reason he will present for why he decided to pull you out of your car and search you. WHATEVER happened,that does not preclude your right to file a 1538 PC motion challenging the validity of the search based on your 4th amendment rights and CA law, and moving to suppress that evidence. If the DA doesnt like the smell of your motion, you may find yourself with a great deal.

If I were you, I would

Plead not guilty, get my pd, explain to my PD that we need to file a 1538 motion suppress because he violated your rights. I would definitely want to know what my lawyer thinks about pursing that (likely he/she is overwhelmed an has no interest other than getting you on diversion) and would press that.

Then reassess the case with my lawyer, discussing what other options may be on the table by now, or who knows, every now and then by some miracle, a search is found to be illegal.

BTW ecstasy = jail cells and drugs tests fines and probation searches, etc. not worth it.

 

[xxffafxx]

So I just came back from the court today and they didnt even have the schedule of my hearing on the tv monitors, which show the schedule and which room they were going to be heard in. I went to the information booth and I asked why I wasnt on the list and the lady said that they didnt have me processed yet and that the process could take up to a month. She then told me to go to the DA office, I did, and they gave me a paper that said that my case wasn't filed yet and that it is currently being reviewed for further action by the DA.


Any idea whats going to happen?

 

[CdwJava]

Almost anything COULD happen. No one here can possibly predict with any accuracy what WILL happen.

If the DA does not like the search, he will likely drop the matter. It may also be that they are awaiting lab testing on the ecstacy as many DAs want to have those results in hand before they file.

 

[StevenJ_420Law]

Not filing by the appear date is pretty common and often in DUIs and drug cases etc lab results take forever ...

Make sure they have your correct contact info though. You dont wanna find out they did file and mailed it to the wrong address and now you have a warrant and are stuffed in a cell for a 3 day weekend... so make sure you follow up.

Until they file, there is no case against you and not much to do.