What can I do regarding my possession and influence charges? 9 Answers as of March 22, 2011

I was recently arrested for possession of meth/under the influence. I have done prop 36 2x's & completed diversion with the last being in '09. The meth was found in my car, not on me and I refused a toxicology test. What defense do I have? They cant prove by urine I was under the influence & meth was not on my person. I just started a very good job and travel over the road all over the US and dont have consistent time at home every week if ordered to do diversion again. What can I do?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
In this case the prosecution has to prove, 1. What they found was meth. 2. You were in possession of the meth To prove that it was meth They need the lab report. The report will come back stating that it is or is not meth. To prove possession the procurers will show the car was under your control and therefore so was the meth. You will need to rebut this. Under the Influence Could be proved By the police officers observations. You would need to be able to question his experience. his training, and his expertise.
Answer Applies to: California
Replied: 3/22/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Hire a competent attorney to represent you. Ask the attorney to arrange for court proceeding until final disposition without you, if possible.
Answer Applies to: California
Replied: 3/22/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
When charged with a felony, you potentially face one or more years in prison if convicted, on a misdemeanor, up to 6-12 months in jail on each count. If you have priors, they are enhancements under the 3 Strikes rules. If this constitutes a probation violation, factor that new charge in as well. No insult intended, but I assume you know that there is no magic wand to make this go away. Courts arent likely to give additional repeat diversion opportunity again. You face some serious consequences here. When arrested and charged with any crime, the proper questions are, can any evidence obtained in a search be used against you, and can you be convicted, and what can you do? Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it.

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.
Answer Applies to: California
Replied: 3/22/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You need to talk to an attorney right away. Talk to the Public Defender if you can't afford an attorney. Sounds like you have some viable defenses and you need a good attorney with your history. Good luck.
Answer Applies to: California
Replied: 3/22/2011
Law Offices of Juan Dotson
Law Offices of Juan Dotson | Juan Dotson
You will have to defend the criminal case by going to trial or change your job. If you hire an attorney, they can appear for you at court while you continue to work. You will have to create a new budget to save money for transportation to classes (fly instead of drive) in case you are ordered to do classes as part of a conviction.
Answer Applies to: California
Replied: 3/22/2011
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