What am I facing after being charged with two crack felony possession with intent? 4 Answers as of December 05, 2010

I sold crack to an undercover cop. The first time 120 the second time 150. This is my first time in trouble and on my papers it say possession with intent to manufacture and sell sch 1, 11. I think they have charged me with two felonies. What am I facing?

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Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Health and Safety Code section 11351.5: "Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale cocaine base which is specified in paragraph (1) of subdivision (f) of Section 11054, shall be punished by imprisonment in the state prison for a period of three, four, or five years."

This isn't good, of course. You can receive an additional 16 months consecutive for the second count/charge, for a maximum total of 6 years, 4 months. Is that going to happen? No.

What you want to do, short of going to prison, rather than jail, is try to get the charge down to possession for personal use. That will be an uphill battle. You would be wildly lucky to get Diversion (Penal Code section 1000) on a possession for sale. The charge would have to be reduced to simple possession (HS 11350(a)), and then the District Attorney would have to further agree to allow you to complete diversion. You should also count yourself very fortunate if you are allowed to plea bargain down to simple possession (HS 11350(a)), and to participate in 'Prop. 36' (Penal Code section 1210.1). It's not the complete erase of the incident the wawy PC 1000 is, but it absolves you of many consequences of a felony conviction, andyou'll get some treatment. Not only is a sales charge bad, but a sales conviction can be used against you if you are busted for sales again, to add an extra three years to the sentence, under HS 11370.2(a).

So, is the news all bad? No. Since you have no record, you are still eligible for probation and can get a sentence of no more than one year (365 days), of which you would not have to serve more than 180 days (technically, 50%), with Formal Probation for 3, 4 or 5 years. Plead with you Deputy Public Defender to try to get you a non-sales disposition, even if you cannot get Prop. 36.
Answer Applies to: California
Replied: 12/5/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
From probation to five years depending on facts. You need an attorney.
Answer Applies to: California
Replied: 12/4/2010
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
The worst scenario is prison. That's unlikely if this is your first offense. Probably probation with a period of incarceration in the county jail depending on what your attorney can negotiate.
Answer Applies to: California
Replied: 12/3/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Several years of prison on each count upon conviction. Effective plea bargaining, using whatever defenses and sympathies you may have, 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. If serious about doing so, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, apply for the Public Defender.
Answer Applies to: California
Replied: 12/3/2010
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