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I live in Beach CA and I have a situation which I need help…

Second opinion] Yes. Hello...

Second opinion] Yes. Hello. I live in Long Beach CA and I have a situation which I need help with...

Lawyer's Assistant: Has anything been filed or reported?

There was no arrest. Here is my story:

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when did this happen?

One night I was looking through Craigslist and I came across an ad which stated “Looking for Tina Turner tickets”. I had learned shortly before that “Tina Turner tickets” on Craigslist meant crystal meth, and there were several ads for people who were selling and also those who were wanting to buy. At the time, my cell phone bill was overdue and I was in dire straits, so I decided to answer one of the ads which was looking to buy, as I had some on me at the time.
The next morning I received a response back from someone via text message and we agreed on a certain amount, either a ball(3.5g) or a teener(1.75g) and to meet at a certain place and time. I arrived at the location in La Habra where we agreed upon to meet and the person was not there. I texted them asking where they were and they said they would be there shortly. After waiting a few more minutes, all of a sudden approx. 3-4 unmarked police vehicles approached my car and they told me to put my hands up.
They then told me to get out the car and they looked through my car and confiscated the bag which I had brought with me to sell. They proceeded to tell me that I was not being arrested and they gave me a card of an officer who they said would be contacting me soon to speak with. A few hours later, I received a call from Detective Deal, who was at the Lakewood L.A. County Sheriff Department on Clark and he told me to come in to talk with him.
I went in to speak with Detective Deal and he explained to me that my case would not be filed and my record would remain clean as long as I would agree to do a controlled buy with three people who I knew. This was going to be my first felony charge in my life and I told the Detective that I would work with him. Weeks went by and we attempted to arrange some controlled buys, however, nothing worked out. I explained to Detective Deal that I really did not know many people in the drug world, and that this was my first time that I had ever sold anything. Before the meeting ended, I gave to him some names and info of people who I did know of.
A few months went by and my case was turned over to a rookie cop whose name was Jose. Jose was more aggressive about having me arrange a controlled buy and he told me that he did not want to deal with “the small guys” because it was not worth his time. I tried to explain to him that I really did not know many people in the drug world, that I was only a recreational user. In the meantime, we attempted a couple controlled buys, however, they did not work out. In the meantime, I had my cell phone stolen from me and the people who stole the phone dug through my text messages and found out that I was talking to the police and was an informant.
I immediately informed Jose about this and he responded back to me by saying that he was going to go ahead and file my case, as his supervising officer was pushing him to do so. He said I would be expecting a letter in the mail. About a month went by, and I had not received anything in the mail yet. Then, a couple days ago, I receive a letter in the mail from the Lakewood L.A. Sheriff Office and it stated that a complaint was being filed against me for 11379 HS – Transportation of a Controlled Substance for Sales – Methamphetamine. I have a court date of on 4/19/18 at the Downey court.
So here I sit, wondering what I am going to do. The only legal issue which I have ever had was that I had a DUI back in 2003, for which I fulfilled all court requests. I am an UBER/LYFT driver so this is going to devastate my job. I would like to avoid being put in jail if I can possibly help it. The only thing is that I do not have the funds available to pay for an attorney. I could make payments though.
I feel as though I was a “victim” of police entrapment. Had I not come across that ad on Craigslist, this would have never happened. This was the first and the last time I have ever sold any meth.Please help,
Keith Escher

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

This happened back in September/October of last year and happened in CA ok

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Answered in 1 hour by:
3/11/2018
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,994
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post and I understand your situation. What is the question that you want to ask about this matter?

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Customer reply replied 1 month ago
Hello there Zoey. What I would like to ask is will there be a way to fight my case by claiming that police entrapment was done here? And if I cannot fight it, will I have to do time for sure?
Customer reply replied 1 month ago
no calls please

Calls are strictly optional as they require an additional fee. Give me a few minutes to type the answer.

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Customer reply replied 1 month ago
Ok. Thank you, ***** ***** cannot afford that.

Per the US Supreme Court, sting operations in and of itself are not entrapment. Entrapment is where you are persuaded by the urgings of the police to do something that you would not have ever considered doing but for that.

Here, that doesn't seem to be what happened. You were looking to sell to make some quick money. You just had the bad luck to choose an ad by an undercover agent.

You can certainly discuss an entrapment defense with your lawyer, because the specific facts and circumstances may make a difference. But this may not be a viable defense for you unless they talked you into making your first sale.

On a first, non-violent offense of this kind, you would likely be looking at nothing worse than probation. If you have a substance dependency, there are even help-oriented special possibilities such as Drug Court which might allow you to come out of this matter without a criminal conviction.

Jail would be unlikely if you wanted a plea, so long as you made your court appearances, followed any mandates of the court, and didn't get arrested again while the case is pending.

Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 29,994
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Verified
Zoey_ JD and 87 other Criminal Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you for your response. I really do appreciate it. I was told that if you have this charge 11379 HS, that you cannot qualify for drug court. Is this true?

Yes, that's true in California. However, that doesn't mean the DA can't allow it if they want to reduce or modify the charge for purposes of a disposition.

Regardless, a ffirst-timestreet level sale typically would yield a probation offer, so long as the sale was not on school grounds or to a minor.

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Customer reply replied 1 month ago
Ok great. THANK YOU SO MUCH

You're very welcome!

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