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narcotics violation

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M

mitch_1011

Guest
I was recently arrested for possesion of methamphetamine and spent a week in jail. posting a $750.00 bail bond, my friend got me out but i'm due back into court on dec 4, for a preliminary examination along with my friend and his wife. all 3 of us were arrested. a small bag (approx 0.2 grams) was found in the room i live in and another 11 small bags (approx 16th of ounce) found in the livingroom. he also posted 750.00 for himself and his wife. i'm worried about when i go back to court. i am a single 41 yr old male,previous navy here in san diego,most of family here,recently lost job, have never been arrested and dont have any criminal record or jail time whatsoever. can i get a worst case and best case scenario to my nightmare. during the arraignment while in jail the court appointed defense lawyer requested i be released upon my own recognizance but the d.a. argued otherwise due to the 11 bags found during the search. (nothing found on my person) so i went to jail. i'm really afraid i may get 6 months i cant afford or somthing. here are the official violations as entererred on my copy of the arraignment papers. HS11378,HS11377a,HS11364 violations. i would appreciate any word as i got a taste of jail and can say i really dont like it... i'm in san diego,CA.
Sincerely,michael wood
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Well Michael: your public defender will attempt to argue that those 11 bags were not yours or had no relation to you (i.e. you just happen to be there), despite the rest of the scenario. You are in an unfortunate situation, but your background may help you in the long run. Make sure your PD stresses your history.

Health and Safety Codes in the State of California run quite seriously with judges. I have seen a number of these particular statutes come up at preliminary hearings. Well, here we go:
HS11378:
11378. Except as otherwise provided in Article 7 (commencing with
Section 4211) of Chapter 9 of Division 2 of the Business and
Professions Code, every person who possesses for sale any controlled
substance which is (1) classified in Schedule III, IV, or V and which
is not a narcotic drug, except subdivision (g) of Section 11056, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), (20), (21), (22), and (23) of subdivision (d), (3)
specified in paragraph (2) or (3) of subdivision (f) of Section
11054, or (4) specified in subdivision (d), (e), or (f), except
paragraph (3) of subdivision (e) and subparagraphs (A) and (B) of
paragraph (2) of subdivision (f), of Section 11055, shall be punished
by imprisonment in the state prison.

HS11377a
11377. (a) Except as authorized by law and as otherwise provided in
subdivision (b) or in Article 7 (commencing with Section 4211) of
Chapter 9 of Division 2 of the Business and Professions Code, every
person who possesses any controlled substance which is (1) classified
in Schedule III, IV, or V, and which is not a narcotic drug, (2)
specified in subdivision (d) of Section 11054, except paragraphs
(13), (14), (15), and (20) of subdivision (d), (3) specified in
paragraph (2) or (3) of subdivision (f) of Section 11054, or (4)
specified in subdivision (d), (e), or (f) of Section 11055, unless
upon the prescription of a physician, dentist, podiatrist, or
veterinarian, licensed to practice in this state, shall be punished
by imprisonment in a county jail for a period of not more than one
year or in the state prison.


HS11364
11364. It is unlawful to possess an opium pipe or any device,
contrivance, instrument, or paraphernalia used for unlawfully
injecting or smoking (1) a controlled substance specified in
subdivision (b), (c), or (e), or paragraph (1) of subdivision (f) of
Section 11054, specified in paragraph (14), (15), or (20) of
subdivision (d) of Section 11054, specified in subdivision (b) or (c)
of Section 11055, or specified in paragraph (2) of subdivision (d)
of Section 11055, or (2) a controlled substance which is a narcotic
drug classified in Schedule III, IV, or V.


Basically, from what I see, you are looking at at least 1 year. But this all depends on if the prosecution can prove all three counts, whether they plea bargain or not, etc.
 
C

crazy4sure

Guest
you wont do any jail time if this is your first offense you are more likely going to get a year of probation and some community service theyre pretty easy on ya with the first offense
 

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