My question involves criminal law for the state of: California
Well i made the worst mistake in my life, and regret it. I wont say what happened before i got caught but i got arrested at 5pm on a Friday with 2 pills charge with personal use. I just turn 18 and this is my first offense. I had court on Monday morning but the detective cited me out on Monday and i have court in Jan. now. I don't know what to do and don't want a felony. I'm thinking of taking Prop 36. This is my first offense and i spent the weekend at jail. I'm going to college and haven't got mine financial aid yet so i don't know if there going to take my money away. What you think is going to happen to me or what should i do?
Possession of MDMA (Ecstasy)
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10-03-2010, 09:49 PMFML562Possession of MDMA (Ecstasy)
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10-03-2010, 10:51 PMcdwjavaRe: Possession of MDMA (Ecstasy)What is the specific criminal statute under which you have been charged?Quote:
Quoting FML562
And are you saying a detective released you with a CITATION? If so, WOW, did YOU get lucky! But, there may be reasons for releasing you with a misdemeanor citation on a charge that is commonly charged as a felony ... but, you can still be charged with the felony later. -
10-04-2010, 09:02 PMalexdownsRe: Possession of MDMA (Ecstasy)
Let's look at the facts here. You were most likely (I can't tell from your story) charged with possession of a schedule I drug in the state of California. Unfortunately, this is a felony, no questions asked. If you were released with a citation, the detective was likely influenced by your university enrollment and didn't want to detract you from school further. This may be, however, at your court date the charges will likely become felony possession of a schedule I substance. Despite this charge, this is your first offense so you have many options. The first of which is Proposition 36 which will allow you one year of "treatment" instead of incarceration. This will almost certainly keep you out of prison but you will likely want to take advantage of either "drug court" or deferred entry of judgment to avoid a felony from permanently entering public record. Conclusion, you will have to do "treatment" and stay clean for at least a year, without violating your probation. I can't say much about financial aid but if you can get a felony deferred it will likely be unaffected. GET A LAWYER!
http://www.mycaliforniadefenselawyer...ug-possession/
http://www.prop36.org/about.html -
10-08-2010, 02:48 AMFML562Re: Possession of MDMA (Ecstasy)I was charge with ' 11077(A)HS POSS CONTROLLED SUBSTANCE' and yes detective cited me out.Quote:
Quoting cdwjava
and alexdowns, quick question how much are lawyers for drug cases and deferrend entry of judgement goes with prop 36? and it wont show a felony on my record? sorry my first stupid mistake so this never happened to me >.<. and last lol. thanks both of you. wait one more thing you think the court can charge me with other things, because i was in a car with a 17 year old with 5 pills, a shank, and a noz tank that we were using -_-. also we had a 16 year old girl and a 17 year old girl. -
10-08-2010, 11:46 AMalexdownsRe: Possession of MDMA (Ecstasy)
Prop 36 will likely reduce the charges from a felony if you successfully complete the program. Yes, you can be charged with contributing to the deliquency of a minor, but if your passengers were not caught with possession or in the act of actually doing anything drug related, the court will usually give them a chance to sign affidavits or testify that they had to prior knowledge of the possession and will let you off the hook for that.
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10-08-2010, 02:18 PMcdwjavaRe: Possession of MDMA (Ecstasy)There are a great many things you could be charged with here. So far, you have been one of the luckiest guys on the planet. If they arraign you ONLY on the one charge as a misdemeanor, WOW! Buy a lottery ticket!Quote:
Quoting FML562
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10-10-2010, 03:10 AMFML562Re: Possession of MDMA (Ecstasy)Quote:
Quoting cdwjava
xD bahahaha. Well wait the shank, noz tank, and 5 pills were my frirends lol, i just had 2 pills. But how is my charge a misdeanor? untill court will it turn into a feleony? -
10-10-2010, 12:23 PMcdwjavaRe: Possession of MDMA (Ecstasy)Uh, you said that "we were using" those things. Understand that possession is NOT about ownership, but about having dominion and control. There are a number of charges including contributing to the delinquency of a minor charges that can be brought to bear here. As i said, you are extremely lucky. Either the officer was a fool, or, they have some tactical reason for initially charging low ... I would not be surprised if they come back to you asking for you to lead them to a bigger fish or they will bring all of this back as a felony.Quote:
Quoting FML562
It may be time to engage an attorney before you find yourself facing a bucketload of felonies. -
11-13-2010, 02:41 PMCoraRe: Possession of MDMA (Ecstasy)Are you from corona? The same exact shyt happened to my homie..tank, pills..everythingQuote:
Quoting FML562
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11-13-2010, 03:00 PMcdwjavaRe: Possession of MDMA (Ecstasy)Perhaps you should reconsider who you hang with ... maybe "homie" needs to get clean and sober.Quote:
Quoting Cora