What will happen if you are misdemeamor probation for 11350 and you get another case for 11350? 9 Answers as of May 24, 2011

What will happen if you are misdemeamor probation for 11350 and you get another case for 11350?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
H&S 11350 cannot be a misdemeanor. It is a straight felony. In addition, the answer to your question depends on whether you are on regular probation, DEJ probation or Prop 36 probation. In any event, getting a new case while you are already on probation only means trouble.
Answer Applies to: California
Replied: 5/24/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
You face the new charges, and also face probation violation charges that could put you back in jail on the original sentence.. Of course you can fight it. you can raise all available defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for various suppression motions, plea bargaining or at trial. If you do not know how to do these things, then hire an attorney that does, who will try to get a decent plea bargain for you. If serious about doing so, feel free to contact me.
Answer Applies to: California
Replied: 12/13/2010
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
That depends on the facts of your probation and if you are on a prop. 36 or PC 1000 program. Contact me with the rest of the fact so I can tell you what you need to know.
Answer Applies to: California
Replied: 12/13/2010
The Law Offices of Robert L. Driessen
The Law Offices of Robert L. Driessen | Robert L. Driessen
Please understand that you can be charged with a felony for HS 11350. If they charge you with a felony you could be facing up to 3 years in state prison. Since you are currently on probation for your last offense it will also be a probation violation and you can be ordered to serve up to a year in jail for the previous misdemeanor. You should hire an attorney to assist
you. You may be eligible for a drug diversion program but only a skilled attorney can ensure if that is the case.
Answer Applies to: California
Replied: 12/12/2010
Steven Mandell
Steven Mandell | Law Offices of Steven Mandell
Unfortunately, something is wrong here. "11350" commonly refers to a section in the Health and Safety Code which deals with possession of cocaine. It is a straight felony and cannot be reduced to a misdemeanor. Either I'm wrong about which code section you are referring to, or you're wrong about it being a misdemeanor. I cannot tell with the information you have given here. But whatever the section, if you are on probation and you get busted for the same
offense, you're generally in big trouble. You could be looking at a jail sentence, but maybe not. There are lots of options, maybe including drug classes and more probation. If you'd like to talk to me about it so we can resolve the issue, please call me. Good luck.
Answer Applies to: California
Replied: 12/12/2010
    Tomas M. Flores, Esq.
    Tomas M. Flores, Esq. | Tomas M. Flores
    It depends on the facts of the case - how much you were caught with, if you were transporting it, what the conditions of your probation were, how long ago you were convicted, etc. Far too many factors to list.
    Answer Applies to: California
    Replied: 12/12/2010
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    You cannot be on "misdemeanor" probation since 11350 is a felony.
    Answer Applies to: California
    Replied: 12/12/2010
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    They may not even charge the new case because they can revoke your probation on the old 11350 and put you in jail for up to the amount of time that probation allows. If a misde up to one year.

    Oakland often gives a first timer probation and if they pick up a new case they do not need to waste the resources of the court with hearings and/or a trial.. They just revoke you on the old case.

    Good luck and leave the dope alone
    Answer Applies to: California
    Replied: 12/12/2010
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You may end up serving out the probationary period that was originally suspended (pending successful completion of probation). For example, if you initially served no time at all, then the entire statutory maximum is now hanging over your head. Hire an attorney, so that you don't have to go to court by yourself (or not at all, as an attorney can appear without you, lessening the chance that you are taken in immediately).
    Answer Applies to: California
    Replied: 12/12/2010
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