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  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Default Caught with 40 Pills of MDMA (Ecstasy)

    My question involves criminal law for the state of: California

    Recently I have been caught with 40 pills of Extacy after a traffic stop. That is a large amount, and am worried my felony possesion charge will be be bumped up to intent to sell. There were text messages in my phone from people who wanted some but no incriminating evidence that I had the intent to sell or distribute to those people, I'm worried that they will use those as evidence. I work full time and am enlisted full time in college also. This is my first offense. Regarding this I have 3 questions:

    1. If they do try to tack on the intent to sell when will I find out? Once I go to court for the possesion charge?

    2. Will I get a chance to enter a plea agreement for the possesion charge? I meet the criteria for the diversion program.

    3. Would a public defender be the best option? If i hire a lawyer for simple possesion would seem to agressive for the charge?

    This has the potential to destroy my life, I'm worried sick. Please help, ANY advice would be very appreciated.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught with 40 Pills of MDMA (Ecstasy)

    1. At the arrangement.

    2. Yes, you can enter a plea. I recommend "not guilty" so that you have a shot at getting out from under.

    3. If the DA offers one.

    By the way, a handful of texts asking for you to supply drugs will almost DEFINITELY get you with an intent to sell.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Caught with 40 Pills of MDMA (Ecstasy)

    1. That's "arraignment".

    2. You get a chance to enter a plea at an arraignment; but as cyjeff suggests it's often a time to simply enter your initial plea as opposed to being able to enter a plea bargain. If a prosecutor is there, you can see if you can negotiate a deal for entry into diversion. If not, and you want to reserve your ability to bargain at a later date, you need to plead 'not guilty'.

    3. If you want to hire a private lawyer, that's your right and I doubt that anybody would view it as "too aggressive". Private's not always better. The appointment of lawyers is up to the court, based upon your financial qualification.

  4. #4
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Caught with 40 Pills of MDMA (Ecstasy)

    Thankyou guys for the help. I aprreciate it.

  5. #5
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Caught with 40 Pills of MDMA (Ecstasy)

    Quote Quoting aaron
    View Post
    1. That's "arraignment".

    2. You get a chance to enter a plea at an arraignment; but as cyjeff suggests it's often a time to simply enter your initial plea as opposed to being able to enter a plea bargain. If a prosecutor is there, you can see if you can negotiate a deal for entry into diversion. If not, and you want to reserve your ability to bargain at a later date, you need to plead 'not guilty'.

    3. If you want to hire a private lawyer, that's your right and I doubt that anybody would view it as "too aggressive". Private's not always better. The appointment of lawyers is up to the court, based upon your financial qualification.
    Thanks for the correction... I must have been more tired than I thought.

  6. #6
    Join Date
    Oct 2009
    Location
    Los Angeles, CA
    Posts
    36

    Default Re: Caught with 40 Pills of MDMA (Ecstasy)

    Just a slight clarification. Although it is possible that you will find out about the upgrade of the charges at your arraignment, the DA could upgrade at any time up until you have plead guilty or finish trial.
    Some DA's use it as a scare tactic to get you to plead fast, but if you're dead bang guilty, then you'll probably plead guilty as quickly as possible anyway.

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