Possibility of Reduced Charges in Central Coast Area in California?
Question by Newkidontheblock: Possibility of reduced charges in central coast area in California?
My older brother had arraignment in court today for his recent drug arrest. Has a preliminary in 3 weeks, he basically has a case of being wrong place at wrong time he was asleep in his vehicle in a parking lot and spotted by an officer who checked on him.
My brother’s had a pretty regular drug problem the last 8 or 9 years, he’s just a functioning addict for the most part so it’s never affected his job or living situation up until now
He was asked to step out, officer said he was confused and appearing u.t.i., he performed field tests on him and detained him for believing he was under the influence, his vehicle was searched finding 13 hydroodone(vicodin) and
24 klonopin in his center console. He’d boughten from a guy 2hrs prior.
Cop asked how much he sells each pill for, he told him he doesn’ sell them, they searched his phone and then arrested him for possession of narcotics for sales.
P.D. isn’t confident in getting the for sales charge dropped, how can we present a defense?
Best answer:
Answer by Lorraine
By “recent” drug arrest, are you saying that he has a history of drug arrests? Doesn’t CA have a “three strikes and you’re out” law? Possession with intent to distribute is a felony offense, which makes matters worse.
While the burden of proof will be on the prosecution to prove intent to distribute, you should marshal together any and every piece of medical documentation possible to establish your brother as a “functioning addict,” including a professional estimate by a doctor of how many pills he would need to take daily to achieve the high he is physiologically addicted to. If this number is high enough, it may justify a defense of personal use. Has any type of intervention been offered to your brother (rehab) and he didn’t cut it? Not sure if he’d be able to plead to a lesser (misdemeanor) charge, but you may want to contact your local Legal Aid Society for a “second opinion” on what your brother is up against this time.
Answer by John S
Why is it that you think you are going to get better guidance as to how to defend against these charges from random people on Y!A than your brother is getting from the trained attorney, with knowledge of all the facts and the law, who has been appointed to represent him?
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