Couple of questions regarding sentancing

[randomrm]

small pot possession and drug paraph

What is the name of your state? California

I was recently charged with possession of marijuana under an ounce
and 11364 - HC Possesion of drug paraphanalia... (meth glass pipe, herb pipe)

i was researching the charges and found that the herb charge is a a max fine up to 100 dollars... i was reaching some grey area in regards to the other charge... im pretty broke and really cant afford a lawyer, but i am sure i can handle the fines alone... i have a few questions

a) what do you think my sentancing will be.. (i am a first offender and a college student) and will they suspend my lisence?
b) should i plead guilty or no contest, or would it make a difference...
c) should i request the diversion program or prop 36 treatment??
d) if i told the judge it was just the herb pipe would they know what it was based on the penal code?

thank you in advanced...

 

[cmorris]

I can only tell you one thing, based on what my criminal justice professors have said in class. DO NOT PLEAD GUILTY!!!Do not take a plea bargain. According to my professors, when a prosecutor offers a plea bargain, they have lousy evidence and even if convicted, one would face less fines and/or jail time. Now, with that said, everything depends on the facts and circumstances of the case. Best advice: Get an attorney. Not legal aid; they have too many cases and most don't care.

 

[stephenk]

"According to my professors, when a prosecutor offers a plea bargain, they have lousy evidence and even if convicted, one would face less fines and/or jail time."

That's why they are professors and not practicing law.

 

[cmorris]

While you make a good point, pleading guilty offers no recourse. By pleading not guilty, one still has constitutional rights. And if a charge is serious enough, I believe a plea bargain is a waste of time. Why just accept a charge on your report? The only way a plea bargain is good: you know you did it, you know you'll be found guilty. That is the only time a plea bargain is a good deal and then it's not offered.

 

[stephenk]

okay, if you say so.

 

[randomrm]

interesting.. i thank you for your replies.. but i was wondering if you could provide some clarification on some things.....

you say that i should not plead guilty by any means..
thing is, they have substantial evidence against me, and i would not win a case if i was to plead not guilty.

this leads to my next question,
would pleading no contest be a stronger course of action? or would it at least be less of a head ache than pleading guilty.... (i.e. less fines, etc)

also, when you say plea bargain are you referring to prop 36 or diversion programs? if not, would there be any downsides to requesting this type of treatment rather than entering a guilty, or no contest plea...??

 

[knotcops]

You were charged with possesion. You admit that "they" have substantial evidence against you. Plead guilty and get on with it.

And by the way, how is it you have no money, are going to college but can afford drugs?

cmorris, you professor is an idiot!

 

[randomrm]

yeah, the possession charge isn't really what concerns me.. the drug paraphanalia charge concerns me...

i myself dont have much money because of various reasons... the drugs (herb) for the most part do not cost me any money, i will not elaborate anymore... and college is covered largely in part by scholarships and my parents... i myself dont have much money because i dont work, and i have recently been stung with this case, parking permits, parking tickets, books, and money for food, and other situations that i did not anticipate.... and my parents can not find out about this.. regardless, you'll notice i said that i have the ends to cover this case, but not a lawyer..

i appreciate your response knotcops and im not trying to show you any sort of attitude..

i was wondering if, since you said to plead guilty, if it would make a difference to plead no contest... or if it would be less to deal with, cause im not really sure on how the courts work... but i assume i will be finding out soon...

thanks
-random

 

[stephenk]

first offense for weed possession should qualify you for prop 36 program. contact the public defender's office for details.

 

[calatty]

Diversion is better because you don't end up with a conviction, whereas under Prop 36 you are convicted, just not sent to jail. There is no difference between a no contest plea and a guilty plea; both are treated as guilty pleas. As for sentencing, you won't go to jail, but you could end up with a criminal conviction and a license suspension if you are under 21. A few hundred dollars on a lawyer, the price of a couple ounces of good bud, which you can work off with a part-time job for a couple months, could make a big difference in your future. Criminal defense is not a do-it-yourself kind of thing. You'd be surprised how understanding and supportive parents can be, after their rage cools down.

Cmorris's professor is dead wrong. 95% of cases are settled by plea bargain. The state does not have the resources to take every case to trial. Plea bargains save the county time and money and usually work out to everyone's beneft.

 

[Skylyn]

You mentioned that you're a college student. If you receive financial aid, it may be suspended for a period of time if you are convicted of certain drug offenses. Just one more thing to think about...