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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27490
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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I got charged last night with felony transportation and

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i got charged last night with felony transportation and sales. 1,000 xanax pils in Irvinve,
JA: What state is this in? And can you tell me a little more about the charge?
Customer: California
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no

Hi,

I'm Zoey and I'll be assisting you. what is your question? Do you have any prior convictions?

Customer: replied 8 months ago.
Ok.

Please answer the questions I asked you, so that I know what you are looking to learn. They were:

"what is your question? Do you have any prior convictions?"

I was hoping to hear from you before composing an answer because I am not sure what you wanted to know. Sale of Xanax would generally come under California Health and Safety Law section 11375(b)(1).

If you click on the link, you can see that this is a wobbler, meaning the state can go forward with this as a misdemeanor charge or a felony As a misdemeanor, your worst case scenario would be a year of jail. As a felony, the worst case scenario would be 3 years of prison.

I don't know if you have any prior convictions. If you don't, it's possible that you would be able to get probation for this offense, even if the state wishes to indict. 1,000 pills, however, is well in excess of what you'd have for personal use, so the odds are good that this matter will not be reduced to a misdemeanor charge. and that a non-incarceratory sentence may have to be negotiated aggressively.

For that reason, you should find yourself a local criminal lawyer and have him with you on your court date. If you are not able to pay for a lawyer, then you need to plead not guilty at your arraignment and ask the judge to appoint you a free lawyer.

As I don't know what you needed assistance with, I realize this may not have addressed your full concerns. If you need more information or any clarification of what I have said, please reply here on this question thread and I will be happy to add to my answer.

Customer: replied 8 months ago.
You answered every question that I had thoroughly. Thank yo, Zoey.

Thank you so much!

As I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or 5 stars, as that is the only way that JustAnswer gives us Experts credit for our work here. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Customer: replied 8 months ago.
5

Thanks!

Customer: replied 8 months ago.
I have 2 prior convictions: DUI Narcotic March, 2011 and I got charged with felony possession of controlled substance/misdemeanor under the influence. They dropped the felony charge and I had completed the PC-1000 program and after completing a year of probation, it went off my record.I have a full-time job on a Federal Installation and a felony conviction prevents civilians from entering. With an attorney, obviously, is there any chance this could get dropped to a misdemeanor?

If it were just possession it would be a misdemeanor but the amount you had shows sale. Still, it's a wobbler. With a good and highly experienced private lawyer, you might be able to get the misdemeanor. I'd suggest looking for one who was a former DA and who might still have some influence there that he can call upon when negotiating for you.

Customer: replied 8 months ago.
Thank you.

You're very welcome.

Customer: replied 8 months ago.
I have 2 priors: DUI Narcotic San Bernardino, CA April 2011. Then in San Bernardino, CA May 2011, I got charged with felony possession of a controlled substance (PCP) and misdemeanor Under the Influence of a controlled substance. So they dropped the felony when I appeared in court. I completed the PC-1000 program and made it through the probationary period with no violations and once the probationary period was completed with no violations, the misdemeanor got dropped as well. So on my background check (private companies and a paralegal I know) my only prior conviction is the DUI.

The state will know of your drug felony and what became of it, as such records are available to them. Hopefully, an attorney can negotiate a misdemeanor for you.

I wish you good luck with your case.

If I have addressed all of your concerns, please take the time to rate my service to you by selecting 3, 4, or 5 stars, as that is the only way that JustAnswer gives us Experts credit for our work here. You would still be able to post further follow ups on this question thread about this for no additional cost, even after I've been rated.

Customer: replied 8 months ago.
5. Excellent and informative responses!

Thank you!

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