indicted for transport and under the influence

[SOCALUNIQUE1]

What is the name of your state (only U.S. law)? CA

I've been indicted by the grand jury for the above. It states transport (a felony) and under the influence of meth-amphetamine, marijuana, cocaine, pcp which is not the case. Do I even have a chance of overturning at the preliminary trial? And if convicted, what happens to me?

 

[justalayman]

over turning what? The prelim is just a hearing for the prosec. to present a very basic case to show he has enough evidence to take this to trial. He doesn't have to prove anything.

 

[CdwJava]

What specific code sections have you been charged with violating?

 

[SOCALUNIQUE1]

Appreciate your interest

What specific code sections have you been charged with violating?

I am charged with violation Health&Safety code 11379(a) and Health&Safety code 11550(a)

Thank you.

 

[InsaneJane]

Good advice from your last thread:

Don't say anything except to your attorney.

I was just wondering if they took a blood test while you were in custody?

 

[CdwJava]

I am charged with violation Health&Safety code 11379(a) and Health&Safety code 11550(a)

Thank you.

It is extremely unlikely that you have been indicted by a Grand Jury. More likely, you were charged based on information as provided ti the District Attorney since you have to attend a Oreliminary Hearing.

At the preliminary hearing, the state will have to show a court that the is sufficient evidence to support the allegations made against you.

It is unlikely you can beat the allegations at the preliminary hearing. You may be able to work out a couple deals that might include dropping the distribution charge in exchange for a guilty plea and, maybe, in exchange for giving up who you got your dope from.

 

[SOCALUNIQUE1]

In reply to Indictment's advice...

May I begin by thanking you all for your time and interest.
No, they did not do a blood test. and unfortunately, yes, I have been indicted. The paperwork, signed by the Grand Jury Foreperson, states The People of the State of California, County of etc. etc. vs My name and under my case # it shows a single word, INDICTMENT, followed by the 2 counts.

 

[CdwJava]

May I begin by thanking you all for your time and interest.
No, they did not do a blood test. and unfortunately, yes, I have been indicted. The paperwork, signed by the Grand Jury Foreperson, states The People of the State of California, County of etc. etc. vs My name and under my case # it shows a single word, INDICTMENT, followed by the 2 counts.

A grand Jury indictment is extremely rare - to the point of being almost unheard of. If used, then there is the strong likelihood that witnesses were called to testify that the DA did not want to be presented at an open forum such as a preliminary hearing. Witnesses presented to the Grand Jury can be protected much easier and the testimony is largely secret.

If you were indicted by a Grand Jury in CA then no preliminary hearing needs to be held.

So, consult an attorney and decide how best to handle this. Given this information, it is highly unlikely that you can avoid trial unless you agree to plead to something that will make it worth the state's time and effort.

As a note for others, he has been indicted for dealing controlled substances (the hard stuff) and for being under the influence of the same.