Charged with Possession of Ecstasy

[RobertWayne3]

My question involves criminal law for the state of: California.
So two days ago my car was searched and in my trunk were 3 ecstasy pills that happened to be my cousins. I explained to the cop and was being really cooperative and the cop was being nice and cooperative with me. He told me straight up I should be getting 5 years in jail. He took me to the police station where I did the standard booking and in a matter of 30-45 mins I was released. Now I have court in two months and I am shitting bricks not knowing what is going to happen at all. This is my first felony although on my record I have a misdemeanor for petty theft which I did a theft class for to remove it off my record. I have court on July 5th to remove the misdemeanor. My question is, will I be able to take a diversion class for this felony ? Or am I stuck with the charge of Possession of Ecstasy forever and what are my penalties for this crime. Will I receive jail time

[cdwjava]

My question involves criminal law for the state of: California.
So two days ago my car was searched and in my trunk were 3 ecstasy pills that happened to be my cousins.

Uh huh ... and how did your cousin's ecstasy end up in YOUR trunk? And how do you know it was your cousin's stash? Is he willing to step up and take the hit for you?

I explained to the cop and was being really cooperative and the cop was being nice and cooperative with me. He told me straight up I should be getting 5 years in jail. He took me to the police station where I did the standard booking and in a matter of 30-45 mins I was released.

You were RELEASED from the police station?!?! On a FELONY?!?! ... did they give you a citation? What was the code section on the citation or paperwork you were provided?

Now I have court in two months and I am shitting bricks not knowing what is going to happen at all. This is my first felony although on my record I have a misdemeanor for petty theft which I did a theft class for to remove it off my record. I have court on July 5th to remove the misdemeanor. My question is, will I be able to take a diversion class for this felony ? Or am I stuck with the charge of Possession of Ecstasy forever and what are my penalties for this crime. Will I receive jail time

Diversion is a very real possibility ... but, whether you are eligible or not will depend on the specific offense for which you are charged. What might that be? (the code section, please)

[PTPD22]

He told me straight up I should be getting 5 years in jail.

Should be? It sounds to me like the cop gave you one enormous break! Like Carl, I am amazed that you did not have to post a bond to get out of jail. Are you a juvenile?

Anyway, like Carl said, we need to know exactly what penal code you were charged with in order to give any opinion of what consequences you may be facing. However, I will say that that hearing you have on July 5th just might not be the formality you seem to think it will be. Your deferment on the theft charge isn't over until after that hearing. And, in addition to the "theft class" you were required to attend, I'm betting that you had some other conditions...specifically, something to the effect of "law abiding behavior" or "no further criminal behavior." You were arrested on the 28th, so that charge has a full week to work through the system and come to the attention of the court. You might just find that the consequences of that theft charge aren't over yet.

[cdwjava]

Since CA law specifically prohibits a citation for a felony, that leaves only two alternatives: He was released without charges per PC 849(b), or, he was charged with a misdemeanor offense. As possession is what we call a "wobbler" it can be charged as either a misdemeanor or a felony. However, I know of no agency that opts to charge down on this. Typically we will hook for the felony and let the DA lower it.

Very odd ...