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  1. #1
    Diney Guest

    Possession with Intent To Sell

    What is the name of your state? California

    My daughter who is 17 years old was arrested for possession of marijuana with intent to sell. She had 8 dime bags and some cash. She was not really selling marijuana and had bought those bags for personal use. The money on her was her boyfriend's (who was with her at the time of the arrest). He had just cashed his paycheck. Her boyfriend kept telling the arresting officer that it was his money. As a matter of fact, when we went to pick my daughter at the police station, her boyfriend's father was there too asking the police for a receipt for his son's money that the police confiscated. My question is this: As a juvenile (at age 17), can they charge her as an adult? This is a first drug offense for my daughter and she is very scared, what type of punishment will the court give her if convicted? Can she serve time?
  2. #2
    JETX is offline Senior Member
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    "As a juvenile (at age 17), can they charge her as an adult?"
    *** Yes.

    "This is a first drug offense for my daughter and she is very scared, what type of punishment will the court give her if convicted?"
    *** If found guilty, punishment could range from probation to jail/prison time, plus a fine.

    "Can she serve time? "
    *** It is possible but, based on your post, unlikely.
  3. #3
    calatty is offline Senior Member
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    Actually, she cannot be prosecuted as an adult. Possession of marijuana for sale is not an offense for which a juvenile may be prosecuted as an adult. See Cal. Welfare and Institutions Code sections 602 and 707(b). She also cannot be sentenced to jail or prison as a juvenile. Juveniles can be sent to a camp or the California Youth Authority, but not for a first time possession for sale offense. She may be eligible for juvenile deferred entry of judgment, under which after successful completion of a probationary period the charge will be dismissed. She might also enter a plea to simple possession of under an ounce, if the total quantity was under an ounce. Generally dime bags = for sale, at least according to the police, who would testify at her hearing if she chose to contest the charges. People tend not to put their personal stash in dime bags and judges know that. Also, the just cashed a check excuse is pretty standard, and judges tend not to buy it either.
  4. #4
    Diney Guest
    Thank you so much both JETX and calatty for the information! I really appreciate it. I am totally in the dark on this one. I'm really scared, too for my daughter.

    I hope everything is well with both of you.

    Thanks again.
  5. #5
    mikkey5 Guest
    Maybe its also time to teach your daughter...

    If she hangs around drug criminals they will ASSUME she is one too.

    And she should get used to being harrassed and arrested.
  6. #6
    Diney Guest
    Thanks Mickkey5 - I truly hope she learns from this.
  7. #7
    minorson Guest

    attorney

    hello diney,
    Last edited by minorson; 05-31-2003 at 09:38 PM.
  8. #8
    minorson Guest

    attorney

    hello diney,

    just wanted to let you know we spoke with our attorney today. he said my son would get to come home monday. the judge sent him to juvenile detention to teach him a lesson and to let him get a taste of what prison will be like if he commits this felony after he is an adult. they cannot send him to jail for this offence after he turns 18. he said in court they would put him on probation and send him to a drug councelor. he will have to take drug tests once a month. they will not send him to adult jail. we went to see him today at the juvenile facility. he's doing good but can't wait until monday. this news made him very happy. i might be able to sleep tonight because he said he would for the first time since wednesday. i can't wait until he's home.

    minorson
  9. #9
    minorson Guest
    Diney,

    Please let me know what happens with your daughters arraignment. Hope everything turns out O>K>

    Minorson
  10. #10
    Diney Guest

    That's Good News

    Dear Minorson,

    I am so happy to hear that the judge will let your son go. I guess the judge was right with what he did and maybe that'll open your son's eyes to reality. I am so glad that he gets to go home to you in a safe and loving environment. A few days in jail with get the him scared and hopefully, he learns from it. Our kids are not bad, it's just really hard out there for them. So many bad influences and temptations. You get to pick him up today. I'm sure he'll be happy to sleep on his own bed again. Hugs to you and hang in there. This too, shall pass.
  11. #11
    minorson Guest
    Diney,

    He is home, safe with his father, sister and I. His court date is June 30. Don't forget to let me know what happens with your daughter Thursday.
  12. #12
    Diney Guest
    Dear Minorson,

    I will let you know what happens on Thursday. Why does your son have to go to court on June 30th? I thought it has been settled already and he already knows his punishment. Is this a sentencing hearing?
  13. #13
    minorson Guest
    Dear Diney,

    Monday was his detainment hearing. They let him come home on house arrest until June 30th which is his court hearing. Our attorney said that is when they put him on probation. He has to stay clean of drugs and not get into anymore trouble. If he does get into some trouble or fail a drug test he has to go back to juvenile detention. He can work while on house arrest but he cannot go anywhere else unless he is with his father or me.

    Minorson

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