possession in CA

What is the name of your state? california

I was arrested for possession of controlled substance (very small amount) and possession of drug paraphernilia (a pipe)at local airport on the way to las vegas. they searched the luggage and found it in there. this is a first offense. what is the best way to plea ? is diversion available ? they also confiscated $500 in cash "for eveidence" ? do i need an attorney or is the public defender good enough.

What were you charged with? Were you charged under CA law per H&S 11377 and H&S 11364? If so, then you are likely eligible for Prop. 36 diversion IF they don't have some other stuff tacked on to the charge.

A public defender is probably sufficient, but if you have the means, you will have to get your own attorney anyway as they won't provide one if you can afford one.

And what were you thinking? Bringing drugs through the airport? They have dogs, searches, machines ... I mean, this act screams of a desire to be caught!

My best friend works for a local sheriff's department and is assigned to the airport ... the most common offense? People carrying drugs. How do they get caught? Their metal marijuana pipes (while they are holding meth.) and the metal foil or other containers that their crank is in! ... I guess that's why they call it "dope".

- Carl

Drugs in the Airport

Thank you for your posting, and the opportunity to serve you further.

The answer you seek truly depends on the charges filed, and what the controlled substance was. If you are charged with possession for sale, or certain types of drugs, like rock cocaine/crack, you may not be eligible for alternative sentencing.

I won't beat you up for your decision, since what's done is done, but I should mention that Public Defenders are licensed attorneys -- so the issue is not an attorney vs. a PD, but rather a retained attorney vs. an appointed attorney. Keep in mind that you can always start with the public defender, see if you get a good one, or what can be done with your case, and then switch to a private attorney, if you choose, later.

I hope that this information helps.

Robert Miller, Attorney at Law