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  1. #1

    Default Got Caught with 2 1/2 Ecstasy (MDMA) Pills and an Adderall Capsule

    My question involves criminal law for the state of: California
    So last week, a buddy of mine and I went to a rave in the desert and got into some trouble with the law. The cops arrested us for having 2 1/2 mdma pills in our car. (In my defense, the cops searched us illegally; they pulled a lot of ppl over going to the event on some bogus traffic charges (swerving when no swerving was taking place, not wearing seatbelts when this was not the issue at all)). Anyway, after stopping us, they said they had a right to search our vehicle because of our reckless driving and...searched our vehicle. They found two and a half ecstasy pills and one adderall capsule...I was cited under h&s code 11377 (and only code 11377, non of that "transportation of an illicit substance" business...cuz of the car) and spent the night in jail (my dad, distraught over the matter, bailed me out the next day after I made a desperate call to my uncle (I was hoping to avoid any confrontation with my dad, but that just didn't happen haha)). So now my court date is a month from now...I have a lawyer and a clean record (no prior offenses). Also, I'm white (hoping that earns me points), I go to a pretty acclaimed school (UCI), and have pretty ******* good grades. I'm also quite involved in my church...shocking I know...
    I just wanna know what my chances are of getting this felony dropped to a misdemeanor? Is it possible that the whole thing can be dropped entirely from my record, given that I chose treatment, or Prop 36, or PC1000 or what have you....
    I'd really appreciate some legal advice here....I know I ****** up....I just need some help...
    Also, would it also help if I got arrested with about sixty other ravers that weekend? We're all gonna be tried on the same day...

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Got Caught with 2 1/2 Ecstasy (Mdma) Pills and an Adderall Capsule

    You will probably be eligible for prop 36.

    The time to be concerned about the effects of committing a criminal act is BEFORE committing the crime.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3

    Default Re: Got Caught with 2 1/2 Ecstasy (MDMA) Pills and an Adderall Capsule

    Thank u, nor cal police officer....I realize that now...I just didn't know this crime was a felony...thought it was at the very most a misdemeanor. Then again you can go either way when you decide the punishment for artificial crimes such as this...(though I should have checked before going off on my adventurous drug escapade...but ya noe, shoulda, coulda, woulda doesn't really hold up in court nowadays ...)

  4. #4
    Join Date
    Sep 2005
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    California
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    Default Re: Got Caught with 2 1/2 Ecstasy (MDMA) Pills and an Adderall Capsule

    Quote Quoting dontwannagototheslamma
    View Post
    Thank u, nor cal police officer....I realize that now...I just didn't know this crime was a felony...thought it was at the very most a misdemeanor.
    It can be charged as either, but is usually filed as a felony.

    Then again you can go either way when you decide the punishment for artificial crimes such as this..
    I am not sure what you mean by an "artificial crime" as it is a real public offense (crime) as defined under CA state law.

    The best way to avoid problems with drugs is to get off of them. There are many problems aside from just the criminal aspects of drug use.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5

    Default Re: Got Caught with 2 1/2 Ecstasy (MDMA) Pills and an Adderall Capsule

    The "artificial law" part was just me saying it's unfair...I'm of the opinion that we are losing the drug war and that it's doing more harm than good.
    How can it be filed as a misdemeanor if you don't mind me asking?

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Got Caught with 2 1/2 Ecstasy (MDMA) Pills and an Adderall Capsule

    Quote Quoting dontwannagototheslamma
    View Post
    The "artificial law" part was just me saying it's unfair...I'm of the opinion that we are losing the drug war and that it's doing more harm than good.
    Opinions vary. The alternative might be worse.

    How can it be filed as a misdemeanor if you don't mind me asking?
    Prosecutorial discretion. Some offices might set a weight amount, others might have some other criteria.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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