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what would the sentence be? .9 grms meth

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whittibo

Member
What is the name of your state? California

Hello!
I have been having an awful time with my new neighbor. he has harassed us, threatened us and violated our restraining order several times in just 3 months. (he only moved in on July 2nd)

We have been keeping close tabs on what's been going on with all this, and knew he was a no-show for two arrangements in October. We waited for warrants to be issued, and I had the sheriff's pick him up on these warrants. (with the help of our D.A. and his investigator)

ANYWAY.. they pick him up on two misdemeanors.. but when they arrest him, they search him and find his is in possession of .9 grms of meth, and also under the influence of meth!

what I would like to know is.. is .9 grms a LOT of meth? they charged him with a felony for it.. and another misdemeanor for the influence of it.. I am just curious as to what type of sentence this could carry for him. Our D.A. has assured me he won't let this man plead out.. that he will convict him to the fullest extent of the law on ALL counts.. (there are many!!) I know this didn't HELP his case any.. but how bad does it hurt him?! :confused:
 


TYRIS

Member
whittibo said:
What is the name of your state? California

Hello!
I have been having an awful time with my new neighbor. he has harassed us, threatened us and violated our restraining order several times in just 3 months. (he only moved in on July 2nd)

We have been keeping close tabs on what's been going on with all this, and knew he was a no-show for two arrangements in October. We waited for warrants to be issued, and I had the sheriff's pick him up on these warrants. (with the help of our D.A. and his investigator)

ANYWAY.. they pick him up on two misdemeanors.. but when they arrest him, they search him and find his is in possession of .9 grms of meth, and also under the influence of meth!

what I would like to know is.. is .9 grms a LOT of meth? they charged him with a felony for it.. and another misdemeanor for the influence of it.. I am just curious as to what type of sentence this could carry for him. Our D.A. has assured me he won't let this man plead out.. that he will convict him to the fullest extent of the law on ALL counts.. (there are many!!) I know this didn't HELP his case any.. but how bad does it hurt him?! :confused:

-no.. .09 grams is not a lot, but it is a usable amount. How bad it hurts him depends on the DA's office. If he has never been convicted of drugs before then he is able to to get prop 36 with probation.

Being under the influence is a misdemeanor and the actual charge of possession holds more weight. I would be surprised to see your neighbor get more than probaion out of this but I may be wrong.

Tyris
 

whittibo

Member
Is ALL possession considered a felony then? because he was being picked up on two warrants (1 felony, 1 misdemeanor) and when I called to check on if he would bail out, they told me his bail was set at $12,000 because it was 2 counts of each. so the possession was a felony and the influence was another misdemeanor.

I think the D.A. will want to go for the jail time for sure. The neighbor just keeps getting into more and more trouble. it all started with threatening my husband prior to this man even moving in. the sheriff's came to arrest him, he was under the influence/drunken disorderly and also resisted arrest. so two counts there. (the threatening couldn't be prosecuted because the sheriff's screwed up and worded it wrong) that all happened on June 19th.

On Sept. 4th, the neighbor violated the restraining order, and was threatening my husband again, and was throwing rocks at him. we have pictures of this happening, and the neighbor actually admitted it! (duh!) so that's a felony - terrorist threats/threatening violence.

then on Sept. 13th, the neighbor violated the restraining order AGAIN, and was stalking and harassing me in the grocery store.. so that's a misdemeanor.

and again on Oct. 11th, we had him arrested (2nd party citation) for violation of the RO. He was making harassing comments and verbal abuse/contact. just being an overall jerk.

the warrants were because he didn't show up to his arrangements on (get this) October 12th - the day AFTER we had him arrested. We even told the sheriff he had an arrangement, and the neighbor denied it. That arrangement was for the Sept. 4 offense. Then he had another arrangement on Oct 19th he didn't show up for, which was for the June 19th crimes.

so it's not like this guy has a pretty record. prior to moving up here from the Sacramento area, he did have 2 prior battery on a peace officer arrests. and a couple DUI's.. and a breaking and entering and a grand theft. but those were over a period of about 15 years I believe. so Sacramento county never really did anything to him. just informal probation each time.

our D.A. has promised me he wouldn't let the neighbor get away with this, and he knows about each and every issue (because each one by itself isn't a big deal.. but all together, it shows a pattern) and the D.A. told me he would prosecute him to the fullest extent of the law. and now in addition to the standing charges, he gets to add the drug charges. :D

I don't know if it makes any difference.. but in the sheriff's report.. they booked the meth into evidence.. there were two different 'containers' of the stuff. one was .4 grms and the other one was .5 grms. and the neighbor DID admit to using the day before. It says the guy was booked on the two warrants and also for violations of 11377(a) H&S and 11550(a) H&S
 

CdwJava

Senior Member
whittibo said:
Is ALL possession considered a felony then? because he was being picked up on two warrants (1 felony, 1 misdemeanor) and when I called to check on if he would bail out, they told me his bail was set at $12,000 because it was 2 counts of each. so the possession was a felony and the influence was another misdemeanor.
Possession of a controlled substance is almost always a felony at time of arrest. Only marijuana is likely to be a misdemeanor punishable by a fine only (effectively an infraction).


I think the D.A. will want to go for the jail time for sure.
Only if he has priors or someothing else besides the possession and influence charge. Otherwise, unless his attorney is asleep at the switch, he's slide right in to Prop. 36 and get a free bite at the apple without consequences.


I don't know if it makes any difference.. but in the sheriff's report.. they booked the meth into evidence.. there were two different 'containers' of the stuff. one was .4 grms and the other one was .5 grms. and the neighbor DID admit to using the day before. It says the guy was booked on the two warrants and also for violations of 11377(a) H&S and 11550(a) H&S
The drugs will get him Prop. 36. But, he might get time for the R/O violations ... even though that is only a misdemeanor.

- Carl
 

whittibo

Member
As always.. Thanks CdwJava!

well.. I certainly have been learning a LOT through all this.. and will keep my fingers crossed that he DOES have priors that I just don't know about yet. I know he has had 2 DUI's.. but those don't count right? not just "influence of anything".. has to be drug charges? that's a big bummer of course..

I am also hoping the D.A. will help me out and ask for restitution on our behalf. I know it's a long shot.. but hey.. it's worth a try right?! if not.. it might be Small Claims for us? we have spent thousands in trying to keep our family safe from him.. and have gone as far as trying to sell our house.. but of course, he has even made that difficult if not impossible, due to the new "criminal behavior" in our neighborhood, and that we have to disclose all nuisances known to us.. and he also has a big mess going on over at their property with abandoned vehicles and such.. (which the abatement dept. is helping resolve).

just with the resisting arrest and the threats and violation of R.O. the guy stands to serve I think it was 3.5 years.. that was without any of these drug charges.. so hey.. even if he gets 1/3 rd of that.. I'll be happy!?
 

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