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possession controlled substance for sale

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conviction

Guest
What is the name of your state? califorina

well im not going to waste your time peeps I have been charged with possession controlled substance for sale.this is my first offence. yes im a piece of dirt, A meth user. about a year now.
the police came to my home with a search warrant and had arrested me for a controlled substance for sale,I did not sale to anyone nor have I ever sold drugs IM just a user,I do not understand how they would have thought I sold drugs ( im thinking a So-called friend got poped one night made a deal with the police.? hell i dont know) .what they found: 3.5 grams of meth, including some baggies,two glass pipes and a "pocket"scale. I do not sell drugs but with the bags and scale together it would look like I would, fact is I don't IM just a user.the police found all of this in my dresser drawer all of the meth was in one bag,none in the scale,none in other bags.the reason for me having bags is i sometimes travel and would take a little with me, also when i bought the baggies they did not seal correctly so i bought more ,not tossing the defected ones as I should have. I work part time (self employed)here at home making very little income as a machinist. ive been looking at lawyer fees and Ouch....Can a public defender handle my case just as good as a private one?? if i need the private lawyer id have to sell my car and my shop( machines ) for i do not have that kind of money.. well im out on bail and ive got 2 months please i know i really screwed up,for what it's worth any advice would be helpful...
 


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yomama

Guest
I'm not an attorney and I don't have any legal advice concerning what to do about these drug charges. I just wanted to jump in here before YOU get jumped on and tell you that you're not a lost cause and you can change your life around. Please, get clean and stay clean. You're not a piece of dirt or a scum bag. You're a human being who has made mistakes but you can learn from those mistakes and live a better life. I hope you don't think I'm preaching at you, it just makes me sad when someone who's having trouble thinks they must belittle themselves because of it. Now, if only the legal experts will come here and tell you what you need to know instead of the others who will come here and call you the same names that you called yourself. Good luck to you.
 
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calatty

Senior Member
They probably arrested you for possession for sale, which is not the same as sales. To prove possession for sale, they don't have to prove that you did sell, only that you possessed it for that purpose. At your trial, the officer would testify that in his opinion you possessed the meth for sale based on the scale and the baggies. You could testify that you did not, and the jury may believe you, but probably won't.
In most of the major CA counties, the public defenders are quite good, frequently better than most of the private attorneys. I can't speak for Modoc Co, for example, or other little remote counties. You must show that you make below a certain amount of money to qualify, and I don't think they expect you to sell the machinery you need to make a living.
If this is your first offense, you will probably have better options than a trial. You will almost certainly not go to jail, at least for not any extended period of time. You might qualify for diversion, a form of probation without conviction, or you might qualify for drug treatment under Proposition 36. Consider yourself lucky that this habit is getting nipped in the bud. Meth is the most dangerous drug around, it turns perfectly nice people into paranoid murderers and rapists.
 
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conviction

Guest
I would like to thank you (yamama & calatty) for your time to reply, Due to this being my first offense i am still unclear weather or not i should get a private lawyer, i dont mind selling my car to help pay for the lawyer fees' the amount that i would sell my car would pay for the lawyer and then some,the reason i stated both machine and car is due to "not knowing what would sell first". i know i can bounce back from all of this in time.so do you think a PB would handle this the same way as a private lawyer,? saving me the money would be ideal but i am willing to get the best help i can afford..i dont know if i qualify though for a PD as i have made bail in the sum of $15,000.00..borrowed from a good friend..... thank you..
 
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calatty

Senior Member
I say if you can show you qualify for the public defender, it is not worth incurring financial hardship to get a private attorney in a drug case like yours which will most likely get settled without a trial. Think about it: who has more experience representing drug defendants? Most drug defendants don't have the money to pay private lawyers. Attorneys with the public defender's office deal with drug cases all day long.
 
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badtenant

Guest
conviction said:
What is the name of your state? califorina

well im not going to waste your time peeps I have been charged with possession controlled substance for sale.this is my first offence. yes im a piece of dirt, A meth user. about a year now..
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You are a good reason to Legalize drugs, then you can do all you want and OD and die, which will happen quicker, since the purity of the drugs should be sky high, and thats one less bozo to care about.

Keeping drugs Illegal, and of low purity , keeps the legal system functioning, we need clients like you in a rotating door fashion to keep every one EMPLOYED!

Legalization would mean far fewer clients, and lots of LAYOFFS Of all these Highly educated laywers, judges, and assistants...not a good prospect, thats why drugs are still ILLEGAL>
 
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conviction

Guest
thanks again for the reply,i cant say how helpfull this place has been so far. if i may ask another question , the question pertaining to the warrnet issued on my arrest. , now from what i understand (or dont) in order to obtain a search warrent from magistrate a agent/affiant would have to have reason iether being from a confidential informant and based on The informant’s reliability or credibility the warrent would be issued .am i right here? if so then if This went to trial wouldnt the informant half to apear in court to say this was his statement?? I'm trying to understand why they would get this warrent as ive never sold drugs to anyone.im thinking a so called friend got caught with something and struck a deal with the police ,possable or not?.. i did however notice that it was the last day the warrent would have been valid upon my arrest, were they looking for a controlled buy).. if this is possable then could the informent say he lied and the warrent not be valid in a trial thus dismissing the case intirely..?? but on the other hand if im successful in rebutting the charge of possession with intent to sell,wouldnt the police still have the conviction for simple possession.....
 
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calatty

Senior Member
Your attorney should obtain a copy of the warrant to see if there are any grounds for challenging its validity. Then you can find out what the police based it on. You have any bitter ex's? Other people you have alienated? Friends/relatives who might be trying to "help" you? Disputes with neighbors? Anyone who might have told the police he got some drugs from you?

If the warrant is based on information from a confidential informant, your attorney can make a motion to disclose that person's identity if s/he deems it necessary to have that person's testimony in order to challenge the search or arrest. Those motions are rarely granted. Sometimes the judge will review the confidential information in chambers to rule on the motion.

It would be unusual for an informant to admit lying since s/he is usually informing for his or her own benefit, and even if s/he did, the question would be whether the police entitled to rely on the information because it seemed credible, and the answer would probably be yes. Keep in mind that the police will often enhance the facts (=lie) to show probable cause to get a warrant, like saying they saw well-known drug dealers/addicts frequenting your residence, and there is no way you can prove they didn't. There would be no reason for the informant to testify at trial where the issue is whether you had the drugs or not, not whether the police came upon the drugs legally.

Yes, if you manage to prove you possessed the drugs for personal use, you still have a simple possession conviction, also a felony. You could proably get to simple possession through a plea bargain too. A successful challenge to the legality of the warrant would eliminate the case altogether.
 
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yomama

Guest
Re: Re: possession controlled substance for sale

badtenant said:
You are a good reason to Legalize drugs, then you can do all you want and OD and die, which will happen quicker, since the purity of the drugs should be sky high, and thats one less bozo to care about.

Keeping drugs Illegal, and of low purity , keeps the legal system functioning, we need clients like you in a rotating door fashion to keep every one EMPLOYED!

Legalization would mean far fewer clients, and lots of LAYOFFS Of all these Highly educated laywers, judges, and assistants...not a good prospect, thats why drugs are still ILLEGAL>
Click to expand...

Badtenant, WHY do you insist on telling people to die? I'm not going to tell you to die, I'm going to tell you to get a life.
 
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conviction

Guest
calatty said:
Your attorney should obtain a copy of the warrant to see if there are any grounds for challenging its validity. Then you can find out what the police based it on.
looking into it

You have any bitter ex's? Other people you have alienated?
Friends/relatives who might be trying to "help" you?
answer:No,no one new i was useing at that time.

Disputes with neighbors? Anyone who might have told the police he got some drugs from you?
answer:No

|| A successful challenge to the legality of the warrant would eliminate the case altogether.
~would be nice~

calatty .......id like to thank you again for your time and patience.. :)
Click to expand...
 
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badtenant

Guest
Re: Re: Re: possession controlled substance for sale

yomama said:
Badtenant, WHY do you insist on telling people to die? I'm not going to tell you to die, I'm going to tell you to get a life.
Click to expand...

Because i belive you should have the privacy to do what you want in your own home, and most drug users will keep doing it until they die..

MY sympathies are for the INNOCENT victims this meth user might kill if he stayed alive and was driving high as a kite on meth.
 
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yomama

Guest
badtenant...

Okay. I can definitely understand your views and your reasoning and the fact that drug users can kill innocent people. We just differ in our opinions on what should happen to these drug users. I prefer to see them GET HELP and clean up their lives, not die. I'm not a drug user, never have been, and can't think of anyone in my entire family that is, so I'm not speaking from experience or anything. I just think they (druggies) deserve a chance to make themselves better (of course they have to want to) BEFORE they go out and kill someone. Everyone deserves to live a happy and fulfilling life.
 
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Son of Slam

Senior Member
calatty said:
I say if you can show you qualify for the public defender, it is not worth incurring financial hardship to get a private attorney in a drug case like yours which will most likely get settled without a trial. Think about it: who has more experience representing drug defendants? Most drug defendants don't have the money to pay private lawyers. Attorneys with the public defender's office deal with drug cases all day long.
Click to expand...


OMG
 
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conviction

Guest
Re: badtenant...

yomama said:
Okay. I can definitely understand your views and your reasoning and the fact that drug users can kill innocent people. We just differ in our opinions on what should happen to these drug users. I prefer to see them GET HELP and clean up their lives, not die. I'm not a drug user, never have been, and can't think of anyone in my entire family that is, so I'm not speaking from experience or anything. I just think they (druggies) deserve a chance to make themselves better (of course they have to want to) BEFORE they go out and kill someone. Everyone deserves to live a happy and fulfilling life.
Click to expand...

and "badtenant" you seem to have the impression Im some wacked out druggie that could possably kill someone.. i almost fell out of my chair laughing after reading that. i can assure you that i have no intention in killing anyone Ever. anyone know the ratio of drug users killing innocent people compaired to non drug users that might drink to much one night driving or otherwise...just a thought.... so i used drugs for about a year ive been clean since the arrest and plan to stay that way, i made a mistake like most people do in there lives at one time or the other , Btw yomomma i do live a happy and so far fulfiling life.
 
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