Can I get an hs 11350 dropped to a misdemeanor? 8 Answers as of April 19, 2011

If I take my case to trial and refused the drug diversion if I lost in trial can I receive a more harsh punishment than drug diversion? another question is if I did not consent to the search but they police say they didnt have their belt recording on to prove I did not but I have witnesses saying I didnt consent is that legitimate evidence. One more thing is that the substances weighed 0.09 if tested 3 times will it still come back.

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
You either take the best deal offered or go to trial. The reality is that if you go to trial and are convicted, you will then simply be sentenced to the time specified in the Penal Code section[s]. There will be no negotiations or diversions or programs, sentencing is for the judge to comply with the law. Whether you should take the deal offered is up to you, based upon your opinion of whether you are sure you can beat conviction. Dont delude yourself with wishful thinking. Prosecutors win most of their trials. Listen to your attorneys advice, that is what you pay him for. If you are serious about hiring counsel to do this, feel free to contact me.
Answer Applies to: California
Replied: 4/19/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
A violation of H&S 11350 cannot be made a misdemeanor at any time. It is not a "wobbler" like some felonies. You can challenge the legality of the search and still avail yourself of the drug diversion program to which you refer. If you still reject it and go to trial it will likely be too late and you could be saddled with a felony conviction.
Answer Applies to: California
Replied: 4/19/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
1. HS 11350 is not a wobbler and cannot be reduced to a misdemeanor.

2. You surely could potentially receive a harsher sentence than drug diversion, in that HS 11350 is a felony punishable by up to one year in local jail (at no more than two-thirds the total sentence) or 16 months, two years or three years in prison (half-time eligible), or potentially participate in Prop. 36 (PC 1210), which is a good program but does not provide the complete 'Get Out of Jail Free', no effect on your record or future that PC 1000 does.

3. Any eye-witness testimony is legitimate evidence, and the more credible and independent (i.e., not your girlfriend/boyfriend) the witness, the more legitimate the testimony. The police might have been lying about the recording, and might not have. Who knows? Do not rely on them to be truthful. They will deny the existence of the recording if it proves they violated your rights and illegally detained/searched you. You should still file and litigate a suppression motion pursuant to Penal Code section 1538.5, alleging unlawful search and seizure.

4. Do you mean 0.09 grams? That is a small amount. Almost little enough for some District Attorney offices not to consider a 'usable amount', but probably not quite. It is not little enough to generally be considered "residue". 5. You might consider running your suppression/search and seizure motion, and then optingfor PC 1000 after losing the motion (on which you will not have a fair chance). At least you would get a dismissal, though you could not use that opportunity again for six and one-half years (five years from the entry of dismissal).
Answer Applies to: California
Replied: 4/18/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Felonies are often reduced to misdemeanors, it just depends on the circumstances of the case. Most cases do not go to trial but, if you do go to trial and lose, your sentence will almost certainly be more harsh then if you had negotiated a settlement early. You need to speak to a lawyer about the details of your case - you may have legitimate defenses but it would need to be evaluated step by step. Good luck.
Answer Applies to: California
Replied: 4/18/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
An HS 11350 cannot be reduced to a misdemenor. HS 11350 is a felony. Punishment for a felony can be state prison. If there is an offer of diversion, you should at least consider it. There are advantages such as not having a conviction. Consent is an issue. Speak to your attorney about a suppression motion. That is a pretrial hearing. If you win, no drug evidence. Only the results of the test will be presented in court. The substance itself will never be brought to court.
Answer Applies to: California
Replied: 4/18/2011
    Law Office of David Swanson
    Law Office of David Swanson | David Swanson
    That charge cannot be reduced because it is a straight felony. I think you would still be eligible for diversion. A credible witness is legitimate evidence. Not sure how much it takes to test. If you have any other questions, please feel free to contact me.
    Answer Applies to: California
    Replied: 4/18/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    1. H&S 11350 is what is known as a "wobbler" which means they can prosecute it either as a felony or misdemeanor. If you are convicted and get some or no county time and then probation, on completion of probation you can file a P.C. 17(b) motion which reduces it to a misdemeanor and with it file a 1203.4 which willexpunge your record.

    2. Sure if you refuse diversion and go to trial you will definitely get a more harsh sentenced as on successful completion of diversion your record goes away and that is the end of the case. If you are convicted at trial of a felony a really pissed off judge and DA could give you some time. Don't refuse the diversion.

    3. Here is the rule most judges follow: a) all cops lie b) all defendants lie c) Ignore (a) because of (b). With no witnesses the cops statement that you consented they will be believed.

    4.) I don't understand your last question about testing .09 gm 3 times. If you are asking will it be consumed in the testing, I don't know the answer but I doubt it.
    Answer Applies to: California
    Replied: 4/18/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    No, 11350 cannot be reduced to a misdemeanor. It's a straight felony. As to the rest of your questions, the details are best discussed face to face with the attorney that actually represents you. There is so much more to the answers and a legal analysis of any situation that can ever happen via a brief post on the internet.
    Answer Applies to: California
    Replied: 4/18/2011
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