NEED QUICK HELP! on drug charge 11377(a) hs

[coastalgal]

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


was pulled over for expired tags, officer ran my name and found that my license had been revoked due to medical issue (seizure due to medication no longer on the market) and wrote me a citation - impounded vehicle and asked to "do quick check through the vehicle to make sure it was safe & secured for tow company" - I agreed. was on cell phone trying to find a ride home when officer asked who else drives the vehicle - said that my husband just got it running again but it had been parked at my house for quite some time. He then said "I think you know exactly what I found", told me to put the phone down & placed me under arrest. He then showed my a baggie with a very small amt (was told later it was 1/6 of a gram) of methamphetamine and a piece of a straw. i told him again that the vehicle had been parked for quite a while and that I did not know there was anything illegal in it. I said that I could not tell him who it belonged to and did not know how it got there; if I did, I would not have allowed him to search the car or would have been smart enough to take it with me if I HAD known because I wasn't under arrest at that point so he would have had no reason to search me.

what exactly am I looking at in Santa barbara county?

 

[HighwayMan]

FYI, you don't need to give consent for an inventory search. I don't know why the officer even asked you for permission - he was probably just letting you know what was about to happen.

 

[coastalgal]

so what do I do? I don't know where he found it and I don't know how to approach it all from here... I was told later that there was less than 1/6 gram. what am I possibly looking at sentencing wise best & worst case scenario - does anyone know? I'm in santa barbara county, santa maria california

 

[I_Got_Banned]

so what do I do?

Three simple words: Get An Attorney!

what am I possibly looking at sentencing wise best & worst case scenario - does anyone know? I'm in santa barbara county, santa maria california

I can give you basic information and hopefully someone else will chime in with more details.

Let me start with the minor charge of expired tags. That is an infraction punishable by a fine of approximately $255. However, if you renew your registration before your court date and show proof correction to the court, that charge can be dismissed by you paying a $25 administrative fee to the court.

Second, driving while suspended or revoked. That can be charged as either an infraction or a misdemeanor. (Most probably a misdemeanor in this case). If it is charged as an infraction, you may be given an extension by the court to re-instate your license after which the charge can be dismissed (corrected) along with payment of a $25 administrative fee of $25. If it is charged as an infraction and you cannot re-instate your license within a reasonable period of time, OR if it is charged as a misdemeanor, then you are looking at a fine of anywhere between $570 and $1140 along with the possibility of some jail time.

Lastly, for the possession charge, and for that amount, it will probably be charged as a misdemeanor (as opposed to a felony) and carries a fine of approximately $1000 and the possibility of jail time. However, you may get the opportunity for a PC 1000 or prop 36 ~ with a DEJ (Deferred Entry Of Judgment) wherein you plead guilty to the charge, you will be placed on probation (I don't know if it is 18 months or 36 months) wherein you will be required to attend some sort of treatment program (including the possibility of required NA meetings, drug tests, ...etc) and upon successful completion of all the requirements by the court, the charge can be dismissed. (Yet the arrest will still show up on your criminal record).

You can hire an attorney (which I would highly recommend) or if you cannot afford one, one will be provided for you by the court.

All in all, you are looking at a good chunk of money in fines and/or attorney fees, quite a few court appearances, and if convicted of either misdemeanor charged, the possibility of some jail time.

Good luck!

PS: I am surprised the officer did not cite you for driving with no insurance. Obviously, you are not insured due to the fact that your license is revoked. That, by itself, saved you an approximate fine of $760...

 

[coastalgal]

the suspended license is a situation that I thought was resolved almost 4 years ago; the DMV required copies of my medical records and to my understanding, the court subpoened them as well (I lost a big chunk of my memory from the time of my seizure because of the medication that caused my seizure. My husband tells me it's been over 2 years and we've never been contacted further by the courts or DMV. I was pulled over 1 1/2 or 2 years ago because of a faulty brake light and the officer ran my name & license but it came back clean. I went to court then because the insurance had lapsed and showed proof of insurance and the judge said to pay the fine and I'd have no more problems. (this is all appx 1 or so after my license had been supposedly revoked - so we thought my medical records had resolved my issue & it wasn't showing up in court either. The vehicle is (was) registered & insured by my husband but has been non driveable for many many months until the end of Nov. I needed to go out last minute for my daughter and when i'd last asked, my husband said the van was all fixed (not meaning legal but I misunderstood and took it that night). I was pulled over shortly thereafter. My license expires in May so I hadn't had contact with the DMV since providing my records to prove no previous seizure disorder. I go to court tomorrow and will have to have a PD... I know nothing about the drugs but can see that saying so will most likely be pointless. I'm more afraid of bad advice from the PD - I have 3 kids, a very good job and a psycho father in law that we just got a permanent restraining order against who has been flipped out on drugs and was diagnosed with early signs of schizophrenia. We have numerous reports of having to have officers forcibly remove him from our home & he has several possession charges since living here. I really believe that the drugs belong to him but have no way to prove any of it. I don't want to plead guilty and am worried about jail time. I don't know where to turn without money for a private attorney!

 

[coastalgal]

Well, I do appreciate the advice, I'm just in a state of panic so I apologize for all the rambling. I just don't know how to protect myself or my family because it all just sounds so far fetched... even to me. Thank you for the well wishes and I guess I'll have to trust that what happens is meant to be.

Thank you again!

 

[dave33]

It depends on what route you want to take. The biggest problem you have if you go to trial is that you gave the officer permission to search. Not that it matters all that much, but it would have given you a point from which you may have mounted a defense. On the other hand if you want to plea out, thqan ask for some drug program which after completion erase your criminal history. Whether or not you qualify dependsw on your past criminal convictions. goodluck.

 

[coastalgal]

even if there isn't a drug problem?? what are my odds of no jail time? can't they fingerprint the bag the stuff was found in??

 

[dave33]

It's to late now to re-examine the evidence in a forensic manner. Now. since you have been charged, every argument will have to go before a judge. If you claim the drugs aren't yours and fingerprints were not taken than the judge any /or jury can take that into consideration although it does not sound like a strong argument.goodluck.

 

[Zigner]

PS: I am surprised the officer did not cite you for driving with no insurance. Obviously, you are not insured due to the fact that your license is revoked. That, by itself, saved you an approximate fine of $760...

This is not correct. The *VEHICLE* was insured - that is what is required.

 

[garrula lingua]

Igotbanned is absolutely correct re DEJ and Prop 36.
You can do diversion, as long as you have no prior drug convictions (DEJ)
Prop 36, you'll qualify if you have only one prior drug conviction.

DEJ is 18 months, minimum. Follow all instructions, and the Judge can dismiss the charge after 18 months. (Usually takes 2 court appearances).
Prop 36 is longer (several more appearances & longer drug program).

It is mandatory that the Deputy District Atty & Court offer you these programs, as long as you qualify. If you make statements to the effect that you don't intend to rehab or have an attitude, the Court can find that you qualify, but you are unsuitable for a diversion program.

Meth can be filed as a felony or misdemeanor drug possession.
You really want to do the DEJ or Prop 36 if you can.

You have the right to take the case to trial.

The DDA may drop the suspended license charge, or offer you 36 months unsupervised probation, and a fine of about 300 (equals about 1100 after penalties & surcharge), as long as this is your first suspended 14601 charge.
If your license wasn't suspended, the DDA will be able to get detailed info from Sacramento and will dismiss that charge.

PS: The P.D., if you qualify, does hundreds of these cases and handles them well. If you want to take your case to trial, you may want to hire an atty.