How much time will a small amount of meth carry in California? 13 Answers as of February 06, 2011

My room mate got arrested for a pipe and the police found a small amount of meth. He went to jail and bailed out the next day. We went to court today and the DA is offering alleged possession. What is going on?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
First of all your roommate needs a lawyer to analyze whether the search was legal. If it was, he could be charged with either a misdemeanor or a felony. While he is eligible for a diversion program called Deferred Entry of Judgment which if he completed a drug program would cause the charge to be dismissed, he should attempt for it to be reduced to a misdemeanor first so that if he screws up and violates his deferred supervision he will only be saddled with a misdemeanor conviction.
Answer Applies to: California
Replied: 2/6/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
This is a misdemeanor So the most of the can happen is one year in county jail. Your roommate should try for either PC 1000 are prop 36 With both he will end up with no record.
Answer Applies to: California
Replied: 2/4/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Simple possession of meth is a felony that can send one to prison for 16 months 2 or three years. HOWEVER, that is usually not the case. Depending on your roommate's criminal background, a drug program of some sort may be available. There may also be a basis for suppressing the evidence. Roommate should see an attorney.
Answer Applies to: California
Replied: 2/4/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Consider hiring a lawyer. You may be eligible for a drug program, the completion of which may earn you a dismissal.
Answer Applies to: California
Replied: 2/4/2011
Law Offices of Lawrence Wolf
Law Offices of Lawrence Wolf | Lawrence Wolf
What is going on can only be answered by an attorney he meets with. Have him give us a call.
Answer Applies to: California
Replied: 2/4/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    What is going on? Youll need to ask his attorney, who will have all the facts and charges against him. No one else will be able to do anything but wildly speculate. If your friend doesnt have an attorney, and is serious about hiring counsel, have him contact me.
    Answer Applies to: California
    Replied: 2/4/2011
    Alanna D. Coopersmith, Attorney at Law
    Alanna D. Coopersmith, Attorney at Law | Alanna D. Coopersmith
    In order to be convicted of meth possession, there must be a usable amount of meth. I would hire an attorney; one will be appointed, if your brother can't afford to hire one.
    Answer Applies to: California
    Replied: 2/4/2011
    Law Office of Joseph A. Katz
    Law Office of Joseph A. Katz | Joseph A. Katz
    There is no such thing as "alleged possession" of methamphetamine in California. Possession of a controlled substance, to wit: methamphetamine, is a violation of Health and Safety Code section 11377(a). Though as a felony you can receive up to a year in jail (two-thirds time eligible), or sixteen months, two years or three years in prison (half-time eligible), if you do not have a record and it is a small amount of methamphetamine, as you said, then at the very most I would expect to see probation and possibly some work release time. The thing is, your friend is probably eligible for Diversion, through Penal Code section 1000. If he completes that program,he will receive a total dismissal, as if the incident never happened, in eighteen months. He would even be legally able to say that he'd never been arrested! If, for some reason, your friend is not eligible for PC 1000, then he needs to know that possession of methamphetamine is a "wobbler", and can be made a misdemeanor through Penal Code section 17. The D.A. usually has to agree, but the Judge can do it on his or her own, as well. Too bad he bailed out. He might have been able to get out of jail on his own recognizance.
    Answer Applies to: California
    Replied: 2/4/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    It sounds like your friend has been charged with a violation of H & S code section 11377. Such a charge can be made as a misdemeanor or a felony. As a misdemeanor the maximum sentence would be one year in jail. As a felony the maximum sentence would be three years in prison. However, many pleas can be arranged focusing on treatment instead of incarceration. Your friend should consult with an attorney.
    Answer Applies to: California
    Replied: 2/4/2011
    Srai Law Office
    Srai Law Office | Gurjit Singh Srai, Esq.
    If your roommate has no previous drug charges and is charged with a 11377, the DA will offer a drug program. Generally, If it is his first time the program will be offered DEJ (deferred entry judgment).
    Answer Applies to: California
    Replied: 2/4/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Your pal needs a lawyer. He should be able to get a drug diversion plea which will result in the record being removed upon completion of the program. It is a pain in the butt but better than having a permanent record. Also, meth possession is a misdemeanor so if your pal doesn't care about a misde record he can ignore the diversion option and probably plead to the meth possession - tho most likely they will give him 3 years probation so he is probably better off with the diversion.
    Answer Applies to: California
    Replied: 2/4/2011
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