What will happen if I was caught selling drugs? 10 Answers as of March 02, 2012

Can I get my charge for selling drugs ever expunged? What is going to happen to me? I was caught selling ecstasy, and I'm 21 years old. What is going to be my punishment?

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes, once you have successfully completed probation you can ask to have the conviction expunged. If this is the first time you've been in trouble there is a good chance that an attorney will be able to get a fairly painless disposition of your case (no custody, some classes, etc.)
Answer Applies to: California
Replied: 3/2/2012
Nelson & Lawless
Nelson & Lawless | Terry Nelson
What will happen if I was caught selling drugs? Prosecution for the felony. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, testimony, priors history, etc. In California, if convicted of any felony, you potentially face a minimum of one or more years in prison, plus fines; on any misdemeanor, you potentially face up to 6-12 months in jail, plus fines. Multiple counts and charges will multiply your problems. If you have priors and strikes, those will add penalty enhancements under the 3-Strikes rules. If this constitutes a probation or parole violation, factor those new violation charge[s] and old deferred sentence[s] in as well. You'll learn the actual charge[s] and enhancements filed and get copies of all the police reports, evidence and test results when appearing for arraignment at the first court hearing. The prosecutors can amend at any time they believe they can prove additional or different charges. The charges determine how much time and fines could potentially be imposed if convicted. Of course you can fight the charges. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help, using whatever defenses there may be. While the general rule is Records are forever, some CA convictions can be 'expunged' from criminal records by proper application and Petition to the court, but ONLY IF there was no felony prison time sentenced whether served or not, and if it was not for certain listed sexual crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending.
Answer Applies to: California
Replied: 3/2/2012
Dennis Roberts, a P.C.
Dennis Roberts, a P.C. | Dennis Roberts
Yes, you can get it expunged after you finish probation if you have no new cases. I need more info to guess as to what will happen to you.
Answer Applies to: California
Replied: 3/2/2012
Law Offices of James A Bates
Law Offices of James A Bates | James A Bates
Selling drugs is a serious charge and could lead to a prison sentence. Try to get this knocked down to possession for personal use. You can go on a diversion program and get the case dismissed but it has to be reduced first.
Answer Applies to: California
Replied: 3/2/2012
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Who knows? Need more information. Who is prosecuting you. Beieve feds are more severe than state. No such thing as a true expungement in California. You are probably going to be incarcerated for some as yet known time period in an as yet unknown facility. You need an attorney.
Answer Applies to: California
Replied: 3/1/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    Drug sales are extremely serious charges. You can attempt to expunge the record in a couple years, but you are looking at jail time.
    Answer Applies to: California
    Replied: 3/1/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    A conviction for possession of drugs for sale is a serious offense in California. It can lead to prison time, heavy fines/fees, and mandatory registration as a drug offender for ten years. You SHOULD hire a private criminal defense attorney instead of retaining the services of the Public Defender's office.
    Answer Applies to: California
    Replied: 3/1/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    There are a wide variety of possible outcomes for selling drugs. A specific answer to your question can't be answered without knowing more about the facts of your case and the court you are being prosecuted. Sales is always charged as a felony. Unless you had a very large quantity, most first offenders get felony probation with some a negotiable amount of jail time. In general, the maximum punishment for that charge is three years in county prison. Again, for a first time offender, it would be almost unheard of for you to do anywhere near that amount of time. It is vital that you hire an attorney, or if you can't afford one, request a court appointed attorney like the public defender.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should concern yourself with expungement at this stage. The case hasn't even started. You should focus your energy on finding the right lawyer. That will give you the highest chance of getting this charge dismissed or reduced.
    Answer Applies to: California
    Replied: 2/29/2012
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