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  1. #1
    Join Date
    Jun 2011
    Location
    SFV, Los Angeles, CA
    Posts
    5

    Default Penalty for Possession of Ecstasy

    My question involves criminal law for the state of: California

    My boyfriends house was raided 7 months ago when sheriffs were looking
    for his brother, and during the raid they picked up 30 ecstasy pills in their
    room and all their information (I.ds, paperwork etc.)

    His brother has another case altogether, which my boyfriend got pulled into.
    So now 7 months later, when they can't prove he has anything to do with his
    brothers problem, they're trying to charge him with the pills they found.
    When the police took everything they did they told him they wouldn't charge him
    with the pills as long as he didn't file a motion to get everything back.

    So my question is: Its his first offense like this, 3 guys share that room ( they weren't his)
    and it was a personal stash, definitely not to be sold. Could the charges be dropped
    to just possession (vs. Intent to sell) and would he be eligible for a diversion program?
    And lastfully....what would be the max sentence? /:

  2. #2
    Join Date
    Sep 2010
    Posts
    6,812

    Default Re: First-Time Offense; Whats the Most Likely Outcome of This (Possession of Ecstasy)

    He needs a lawyer. It all depends on what they charge him with. There are a couple of options in California for him.
    Never take legal advice from the cops. They are allowed to lie to you to get what they want.
    It is not "obivous" that the 30 pills was a personal use stash.
    Ownership means squat with respect to possession.

  3. #3
    Join Date
    Jun 2011
    Location
    SFV, Los Angeles, CA
    Posts
    5

    Default Re: First-Time Offense; Whats the Most Likely Outcome of This (Possession of Ecstasy)

    What if a lawyer is out of the question? His family used up
    all their funds for his brothers case who's looking at a life sentence
    so he isn't exactly top priority /:
    Does anyone know how it would most likely play out given that all he has is a P.D.?

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    12,269

    Default Re: First-Time Offense; Whats the Most Likely Outcome of This (Possession of Ecstasy)

    Quote Quoting Cyndork
    View Post
    What if a lawyer is out of the question? His family used up
    all their funds for his brothers case who's looking at a life sentence
    so he isn't exactly top priority /:
    Does anyone know how it would most likely play out given that all he has is a P.D.?
    His attorney will likely seek a plea deal to possession, That way, he stands a chance of getting diversion through programs such as Prop 36 or Drug Court. if he can keep clean and suffer through the random searches he and his home will be subject to for the next two or three years, then he might come out of this okay.

    It's possible that his attorney will see something in the report that will allow him to leverage a plea to something not related to drugs. Who knows? Only his attorney can advise him as to the strength of the state's case against him.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

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