What will happen if I was in possession of meth? 8 Answers as of June 17, 2011

I got stopped for not having a front plate on my vehicle. But my vehicle is register in Arizona. I do not have a license. They found meth on me. I completed prop 4 years ago. What am I looking at? I have a good job and do not want to do prop again.

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Lowenstein Law Office
Lowenstein Law Office | Anthony Lowenstein
You could get diversion and drug treatment instead of a conviction. For more information, please see my website.
Answer Applies to: California
Replied: 6/17/2011
The Law Offices of Gabriel Dorman
The Law Offices of Gabriel Dorman | Gabriel Dorman
Possession of methamphetamine is a "wobbler" which is an offense that can be charged as either a felony or misdemeanor. As such, it does carry the potential for up to three years in state prison. However, what actually happens or what is actually possible for your case ultimately depends on the facts and circumstances of your case and your criminal record. Given the fact that you complete Prop. 36 four years ago but you are in this position once again, it would appear that treatment is in order for you. My suggestions would be two-fold. 1) Immediately consult and hire an experienced criminal defense attorney and 2) get yourself into treatment. Whatever your situation may be, it is always best to get yourself into treatment before having to go to court. This shows the court that you are serious and trying to get your problem under control. I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 6/16/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You can either fight the case with an attorney. This could include challenging the search. Or you can plead guilty Prop 36 or not. If you don't choose Prop 35 you are looking at jail time. You will have to decide.
Answer Applies to: California
Replied: 6/15/2011
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
You should get an attorney to assist you. There may be a valid reason to file a 1538.5 motion but the chances of success on the motion from what you stated is not likely. You may have to take prop 36 again.
Answer Applies to: California
Replied: 6/15/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
As you know, if charged with a felony, you potentially face one or more years in prison if convicted; if only a misdemeanor, you potentially face up to 6-12 months in jail. With priors and strikes, you face penalty enhancements. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The DA can amend at any time he feels he can prove additional or different charges and priors enhancements. Of course you can fight it. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a search or confession 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. Go to trial if it can't be resolved with motions or a plea bargain. 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, or take it to trial if appropriate. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 6/15/2011
    Grant & Grant
    Grant & Grant | Richard L. Grant, Esq.
    Generally speaking, you are looking at a Felony/Misdemeanor Possession of a Controlled Substance with a Prior that carries an enhanced charge and corresponding enhanced sentencing with some time in county or state prison and/or alternatively a diversion program similar to the previous one to avoid jail. Additionally, you may be looking at a Probation Violation that could result in Jail time. An experienced criminal defense attorney may be able to have the probation violation vacated in exchange for additional probation time. Best course of action would be to hire an experienced criminal defense trial attorney that practices in the court where your new case is filed. I have been a courtroom and trial attorney for more than 25 years and have an excellent working relationship with District Attorneys, Judges and all court personnel in all Orange and Los Angeles Courts.
    Answer Applies to: California
    Replied: 6/15/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Might want to talk to attorney. Sounds as though you may have a basis to suppress evidence.
    Answer Applies to: California
    Replied: 6/15/2011
    Komanapalli Massey LLP
    Komanapalli Massey LLP | Mark A. Massey, Esq.
    You know the old saying, "If you can't do the time, don't do the crime." That you don't want to do prop again is not a defense, and likely to piss off a judge because you should be grateful prop is available these days instead of prison. You are sunk friend. Your best bet is one, stop using, you are going to eventually figure out that the drug scene is not only low, but more trouble than it's worth. Two, you need to get the best deal your attorney can get for you from the DA and cop a plea. I'm not sure without taking the time to research the issue, but you might be qualified to do prop again instead of a year in county or even prison if you were selling (no prop in that case for sure) since you had four ostensibly clean years. But, I wouldn't count on it.Ask your court appointed P.D.
    Answer Applies to: California
    Replied: 6/15/2011
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