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CrimDefense, CriminalDefenseAtty
Category: Criminal Law
Satisfied Customers: 27212
Experience:  10+ years defending Misdemeanor and Felony cases.
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Hello, My husband was arrested last month for posession (what

Resolved Question:

My husband was arrested last month for posession (what he was having with him you can consider as personal use because it was not a big amount) now when he went to court they want to judge him for his record 15 years ago, they want to give him 32 months in prison. He did time for all he did in the past and they want to do time again, can you please advice what can we do,
Submitted: 6 years ago.
Category: Criminal Law
Expert:  CrimDefense replied 6 years ago.

What did he have possession of?

Customer: replied 6 years ago.
<p>A control substance $10.00 street value. Methaphetamines. I also have a posession charge over 15 yrs ago. Im on probation for forgery (having counterfit) but its not against the law to have one. If you try and using it is a different story. I didnt know that back then. That was about 1 yr ago. Ive been in prison for 245b, terrorist threats,intimidating a witness also receiving stolen property.I have a past, but now Im out, discharged parole, I work for the union, also go to school (apprenticeship program). I have my family ( 4 kids & wife). But I never had no help for my bad habit.</p><p> </p>
Expert:  CrimDefense replied 6 years ago.
Based upon the lengthy sentence they want to give him, it is because of his prior history and score sheet. Once a person continuously commits felonies, they each have a value and they are applied to the new charge and a sentence is determined. If it was for personal use, he can try and see if there is a diversion program or drug court for him to enter to get the case dismissed or possible result in probation instead.
Customer: replied 6 years ago.
so what your saying is that no matter what we have no chance in court.I have to go to downey,CA to court. they have this program EDP (early disposition program) and i guess thats the best i can get. what i'm trying to say is that "why am i not eligible for a drug diversion" like alot of people. i need help not to be incarcerated. THEIRS GOT TO BE WAYS TO OVER RIDE THIS SYSTEM. OR LOOP HOLES.
Expert:  CrimDefense replied 6 years ago.
A reason that you may not be eligible is because of your prior history. The program is offered to first time offenders and if you are a repeat offender, not offered to you. If that is the case, you next best option to avoid jail or prison, would likely be to enter the EDP program. If you do not want to, hire an attorney and go to trial on the case. You may have a legal defense and could avoid everything.
Customer: replied 6 years ago.

Thank you for your help, by any chance do you know where can I can find an attorney that accept payments for a low income family?

Expert:  CrimDefense replied 6 years ago.
Most criminal defense attorneys will work out some type of payment plan with you. You just need to find one that fits your needs and you feel comfortable with. you can call your local bar association and see if they can refer you to a few attorneys for consultations. thank you for allowing me to answer your question and good luck. Please click the ACCEPT button, so I can get credit for my answer.
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