How much time am I looking at for possession of 100 grams of meth, ammunition and a bullet proof vest? 8 Answers as of March 17, 2011

How much time am I looking at in California for possession of 100 grams of meth a box of ammunition and a bullet proof vest?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Depends upon all the charges that the DA actually files against you, and your record and rap sheet. You'll learn that at your arraignment, when you are given a copy of the Complaint against you.

When charged with a felony, you potentially face one or more years in prison if convicted. When charged with a misdemeanor, you potentially face up to 6-12 months in jail and fines, suspension of license, etc. On each count. If you have priors and strikes, penalties are enhanced under the 3 Strikes rules. You mention bullets, implying you are being charged as a felon in possession, which carries a 2 year prison term upon conviction [federal charges could carry from 5-15 year term].

Effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail/prison, or at least dramatically reduce it, depending upon all the facts and evidence. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
Answer Applies to: California
Replied: 3/17/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The amount of meth could require a prison term . Possession for sale could be 3 years and depending on how the gun is charged, an additional 3 year.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
A good lawyer should be able to negotiate Prop 36 if Def. addicted. If first offense with now addition, should be little or no custody. With priors, 180 days less good time.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
This is a question that cannot be accurately answered without knowing many more facts and actually being your lawyer. In general though possession for sale of this amount of meth is very serious and a person convicted of more than 28.5 grams is presumptively ineligible for probation. (see Health and Safety Code section 1203.073)
Answer Applies to: California
Replied: 3/17/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Possession of methamphetamine for sale is punishable by 16 months, two years, or three years in prison (half-time eligible). What you had, 100grams, or 3.5 ounces, is definitely far beyond any weight the District Attorney is ever going to consider possessed for anything other than sales (but well under the one kilogram needed to trigger a 3 year enhancement; the more the weight, the higher the enhancement, up to a 15 year enhancement for20 kilograms or more). All of this assumes that you did not possess or sell the drug within 1,000 feet of a drug treatment center, detox facility or homeless shelter, in which case you will receive an additional year in prison.If you are not already a convicted felon, possession of ammunition or a bulletproof vest is not illegal. You cannot possess body armor if you've ever been convicted of a violent felony, per Penal Code section 667.5(c). The Federal penalty, by the way, for possession of 100 grams of methamphetamine is ten years (@ 85%).
Answer Applies to: California
Replied: 3/17/2011
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    These are very very serious charges and you will have an extremely high exposure. Please speak with your attorney asap and fight these charges.
    Answer Applies to: California
    Replied: 3/16/2011
    The Law Offices of Victor J Mazzaraco
    The Law Offices of Victor J Mazzaraco | Victor J Mazzaraco
    No firearm? Good - saved yourself another felony charge....sentence will depend on your criminal hx, whther you were on parole/probation at time of offense, what the charge is - 100g they'll probably go with intent to sell...no priors, i'd say a yr. maybe btwn 1-2. possibly less...need a good lawyer for this- don't be penny wise and pound foolish...good luck.
    Answer Applies to: California
    Replied: 3/15/2011
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