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AttorneyTom
AttorneyTom, Lawyer
Category: Criminal Law
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if person is charged with possession of meth and had prior posession of ghb years ago and

Customer Question

if person is charged with possession of meth and had prior posession of ghb years ago and took drug diversion and had it dismissed, what is the most likely sentencing for new meth charge what is best and worst case scenario does this require top dollar lawyer or what is best method in your opinion
Submitted: 6 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 6 years ago.
Good morning! I'm sorry to hear about your charges!

It's not possible to predict the outcome of any criminal charge. However, I can provide some valuable information!

With a criminal charge, the best case scenario is that the charge can be defeated using a valid legal defense.
One example takes place officers perform an improper search.
In such a scenario, evidence might be suppressed and the state may then have no case against a defendant.

Meth possession is called a wobbler.
This means that the state can charge is as a misdemeanor or as a felony.
An indivdiual's criminal history and the particular circumstances of the arrest affect this determination.
If charged with and convicted of a misdemeanor, the maximum penalty is up to one year in jail and a fine of up to $1,000.
If charged with and convicted of a felony, the penalties can be a prison term of 16 months, 2 years, or 3 years in prison and a fine of up to $10,000.

I know that this probably isn't entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.
Customer: replied 6 years ago.
what about prop 36
Expert:  AttorneyTom replied 6 years ago.
Thank you for your follow-up question!

Proposition 36 provides for treatment options in lieu of incarceration when an individual is a first or second time offender.
Prop 36 requires that the crime must not be violent.
Therefore, simple possession charges may typically be eligible as long as no elements of violence are present.
Prop 36 is essentially an option to attempt to facilitate rehabilitation instead of incarceration.
It's an option you'll want your attorney to investigate, though you should still retain an attorney as your attorney may find a basis to defeat the charges altogether.
Customer: replied 6 years ago.
what amount is usually considered to be eligible for misdemeanor in california

Expert:  AttorneyTom replied 6 years ago.
Again, that really depends on the prosecutor, the circumstances, etc. There's not a hard and fast figure on that because California essentially grants prosecutors some flexibility in charging something as a misdemeanor or a felony with wobbler offenses.
It's really up to the prosecutor.
That said, if charged as a felony, a wobbler may potentially be reduced or pled down to a misdemeanor depending on the circumstances, the prosecutor's willingness to negotiate, etc.
Even if convicted as a felony, California offers some opportunities for post-conviction reductions to misdemeanors, depending on the situation.

I know that this probably isn't entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.