Can I avoid jail time after pleading guilty to possession or sale of meth? 7 Answers as of February 12, 2011

I plead guilty to possession for sale of meth. I haven't been in trouble for 14 years. I would like to know if there is anything I can do to stay out of jail, as I own a business, and the time away might destroy the business.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
I think this is a matter to be taken up with your attorney who knows your case and your background. Every case is different and it would be foolish to attempt to answer this question without any information. In general possession for sale of meth is taken fairly seriously by the courts, depending on the quantity. I would expect that if you did not receive a prison term, that some county jail as a condition of probation would be highly likely.
Answer Applies to: California
Replied: 2/12/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
First of all, if you pled to a violation of Health and Safety Code section 11377(a) as a felony, you had an attorney appointed (either a Deputy Public Defender or someone from a Conflict Panel), if you did not hire one to represent you. The terms and conditions of probation are almost universally agreed-upon prior to your entry of plea, so I am wondering what the terms of your plea were. That is, you will almost always know exactly what the sentence and terms of probation are going to be before you say 'Guilty'. You could receive a maximum of one year in jail, or 16 months, 2 years or 3 years in prison (1/2-time eligible). That should not happen, however. I only saw adefendant sent to prison/CRC on a first offense for possession of a personal use quantity of methamphetamineone time, years ago in Kern County byaJudge named Richard Oberholzer, who has since thankfully retired. It was shocking.

In your case, you do not provide enough information to advise you further. You are noteligible for Diversion, pursuant to Penal Code section 1000, because it's a sales case. You might have beeneligiblefor Proposition 36 (Penal Code section 1210.1) if the charge could have been amended to Transportation of Methamphetamine (HS 11379), to wit: For Personal Use. If neither of those opportunities apply,you should probably be able to serve any custody component of your sentence on a 'work release' program ("Road Camp"), or via electronic detention ("House Arrest"). Counties vary within California in their leniency regarding work release programs. Some of the seemingly toughest, pro-prosecutorial Counties are actually more lenient in this regard than other, generally more progressive Counties (those on the coast). You might also qualify for the ROC program, which is stringent, but is out of custody. This should really all have been covered
and gone over with your Attorney prior to your plea.
Answer Applies to: California
Replied: 2/11/2011
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
Honestly, I would need more facts to fully evaluate your case. Your answer depends on the county, judge, prosecutor, your record, and your attorney. Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 2/11/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
You need to hire an attorney. There is no way anyone can answer this question without knowing more details about the case.
Answer Applies to: California
Replied: 2/9/2011
Law Office of Joe Dane
Law Office of Joe Dane | Joe Dane
There is no mandatory minimum sentence on Health and Safety Code section 11378, but any sentence will depend on several factors: The quantity of drugs found, your entire criminal history (especially any priors for possession for sales, strikes, etc.) and what they can prove against you. Make no mistake about it - the prosecution is going to be looking for custody time. How much and whether or not they'll get it depends on what your attorney can work out on your behalf. It's just impossible to answer definitively based on your question without knowing all the details.
Answer Applies to: California
Replied: 2/9/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Once you plead guilty, what happens to you is entirely up to the judge. You have no say in it. The proper question should have been, what can I negotiate as a plea bargain in exchange for pleading. There are consequences to every act, many times they are unintended due to ignorance. Stand up in court and take it like a man.

    The only exception to this is IF you are still awaiting a probation department sentencing report. If so, your attorney could possibly influence that report conclusion, and thus sentencing.
    Answer Applies to: California
    Replied: 2/9/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    I'd need to know a lot more about the case. You can call me at 510 465 6363. Did you have a lawyer when you entered a guilty plea? What does he say.

    Without knowing more I have trouble picturing a judge giving you probation on a SALE. However, more than anything it depends on what community you were busted in and who tthe judge is.
    Answer Applies to: California
    Replied: 2/9/2011
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