Will my wife do time for a 11350(a)(1) possession of a controlled substance charge? 9 Answers as of December 23, 2010

Will she have to do any time in California?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
It is very possible she will not have to do time.
Answer Applies to: California
Replied: 12/23/2010
Law Offices of Ryan P. Murphy
Law Offices of Ryan P. Murphy | Ryan P. Murphy
That depends on her record and the particular court. If the case is handled correctly, drug court is usually an option. Whether she does time or not depends on the quantity involved and the surrounding circumstances.

Should you have any questions or concerns, feel free to contact my office at your earliest convenience.
Answer Applies to: California
Replied: 12/21/2010
Law Offices of Philip P. De Luca
Law Offices of Philip P. De Luca | Philip De Luca
If she is found guilty, she may have to do time. Depends upon the circumstances, e.g., is this her first offense of any kind? Has she been convicted of any crimes and in particular, drug related crimes, in the past?
Answer Applies to: California
Replied: 12/20/2010
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
She might be eligible for a drug program instead of jail, the completion of which may result in a dismissal. Contact an attorney for consultation.
Answer Applies to: California
Replied: 12/20/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
EVERY crime carries jail/prison time, that is what is meant by crime. The details and facts, the actual charges ultimately filed and amended, her rap sheet, etc., will all be used by the DA to determine whether she will get hit hard or not. Simple possession, small quantity, with no rap sheet priors, and no aggravating factors, would mean her attorney might be able to get her drug diversion and no jail. If she is serious about hiring counsel, feel free to contact me.
Answer Applies to: California
Replied: 12/20/2010
    Law Office of Evan E. Zelig
    Law Office of Evan E. Zelig | Evan E. Zelig
    Whether or not she will actually do time depends on a lot of factors, including prior record. She may be eligible for a drug program like Diversion or Prop 36 that would result in no conviction and no jail time if she completes the programs successfully.
    Answer Applies to: California
    Replied: 12/20/2010
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    She may have to do time. This depends on several things. Such as- what was the amount of that she had in possession, does she have any priors, and what county is this in... It is in your best interest to run all of the facts by an attorney in your area.
    Answer Applies to: California
    Replied: 12/20/2010
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    For a first time offender, there are drug diversion programs available that can avoid a conviction upon completion of classes and staying out of trouble.

    If she has priors or if there are additional charges connected with this possession case, she may not be eligible for those programs, but her attorney will be able to advise what the options are.

    This is all assuming she has to take a deal, of course. There may be legal defenses (search issues, Miranda issues, etc) or the substance may not be a usable quantity, not test to be a controlled substance, etc.

    Again - because she's looking at felony charges, she absolutely needs an attorney.
    Answer Applies to: California
    Replied: 12/20/2010
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