What are the possible possession charge outcome for us? 4 Answers as of August 07, 2013

My friend and I were returning home to Alameda County and were approached by officers in Bakersfield who informed us that our train tickets had been purchased with a stolen credit card. We had no idea, someone else had bought the tickets for us. They searched our bags and found a gram of meth. We were both charged with possession, went to jail, separated, bailed out. Returned there for court the next week, where they called us up together, read the charges and assigned us 2 different public defenders. Court was again scheduled there 10 days later. What will our options be? This is our 1st time arrested. We can't afford to keep traveling all the way down there all the time! Our public attorneys have been unavailable to us over the phone and we have no idea what to do to keep the felony off our record. Is court probation an option or must we undergo treatment for a drug we rarely use? What is the chances of having the case dismissed or having to pay a fine? We both are below the poverty income level.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
Fight the matter. If you did not know about the drugs then that is a defense. The prosecutor has to prove you guilty not the other way around.
Answer Applies to: Michigan
Replied: 8/7/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
Options: Plead guilty to the charge (felony on record), or take advantage of program (which may or may not put felony on your record) or go to trial (felony conviction, or not guilty). Those are your options. Do you have any better idea how to handle the situation now? Of course not, because you don't know what is best for you. You have a public defender you do not trust. You cannot afford a real attorney. What should happen is you should pay a private attorney for a consult and then use public defender to effectuate the plan devise by the private attorney. However, I suspect that you don't even want to make an effort to get the money together for the private attorney.
Answer Applies to: Georgia
Replied: 8/7/2013
Law Office of Jared C. Winter
Law Office of Jared C. Winter | Jared C. Winter
As long as it was charged as possession for sale and as long as this is a first time drug offense and assuming you have no prior strike convictions, then you should be eligible for PC 1000 diversion. Since you don't live in Bakersfield, you can probably get the program transferred to Alameda County, but that will be up to Alameda County to decide.
Answer Applies to: California
Replied: 8/6/2013
Attorney at Law
Attorney at Law | Michael J. Kennedy
If you get an attorney who is savvy about the relevant constitutional issues, he/she should be able to suppress the evidence of the search of your luggage [unless you were dumb enough to consent to the search, and then you deserve what you get], which should close down the case against you. Don't be penny-wise/pound-foolish, and hire a real constitutional attorney.
Answer Applies to: California
Replied: 8/6/2013
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