What will the sentence be for parole violation and sales & transport of 2-1/2 oz of meth? 2 Answers as of March 23, 2011

My stepson has previously been convicted for manufacture, scales & other paraphernalia, sales, transport, knife. He has been charged for some of the charges twice or more. He's been in prison 3 times, just got out of court ordered rehab a month ago, and was recently arrested for his arrest on parole for manufacture, etc. He was arrested another time on same parole – Three times within a year of same parole. He was recently arrested for parole violation (parole was revoked), but needs to stay in our area until they resolve his 2-1/2 oz. of meth that was magnetized in a can under his truck. He's been a long time manufacturer & sales, and they keep an eye on him. What do you think the sentence will be? He thinks 8-10 years, but will get an attorney to try to plea bargain it down, which he's successfully done several times. He's hoping they'll commitment him to rehab instead. Thank you.

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Unfortunately, eight to ten years may not be out of the question for someone with a record like his. I'd have to know more details about the current and past cases. A good attorney can obviously help you to minimize his exposure. Sounds like you should get one right away. I'm sorry that you're going through this - sounds like he's lucky to have you.
Answer Applies to: California
Replied: 3/23/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Sentencing will either be through a plea bargain between him/his attorney, and the DA and court, OR it will be imposed to the full extent provided in the Penal Code section[s] upon which he is convicted at trial. Dont let him delude himself into thinking he is going to get a pass on this through rehab again. There is no way any attorney is going to honestly tell him that. Hes been through this before; he should already understand [and you should by now] that he is facing potential 25-to-life on the felony because of his multiple priors under the 3 Strikes rules, plus the parole violation[s] putting him back in prison for the originally ordered sentence[s] completion. It would take a remarkable set of facts, arguments and persuasion by his attorney to get the court to strike the strikes and keep this plea bargained down below 25-to-life. Now, if he is willing to be realistic about his expectations, and if he is serious about hiring counsel to fight for the best deal possible, feel free to contact me. There are options and strategies to discuss well in advance of any court hearings.
Answer Applies to: California
Replied: 3/23/2011
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