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anglofrench

Greetings.

Heres the deal, I'm 17, live in LA county, california, and I got busted with about 20 g's, a dimesack, two pipes, baggies, and a scale. I was rolled by school safety (rumored to be sworn peace officers) I was parked a block away from school waiting for a friend (with 2 passengers) when he rolled up to my car and simply asked me to step out and immidiately searched the vehicle stating someone reported strong marijuana odor from my car. i got charged with HS 11359 and my arraignment in juvenile court is in about a week, any one know what im looking at? I have no prior record, also i started drug treatment in which I have started to come up clean for the past few weeks. also I have my diploma and am attending community college. my parents got me a pretty good lawyer and im thinking probation of some sort. also, once I complete my sentencing will this conviction be sealed? any help would be appreciated.

 

Andrew87

Possession w/ intent in a school zone.....not good so far...

This "PC" sounds questionable, but since marijuana actually was found, it may be difficult to prove otherwise. Your attorney may be able to exploit enough holes in the cop's testimony to invalidate it, but it's hard to say without knowing all the details. Are you sure the cop didn't simply "deceive" you into giving consent to search? It is a common(and as you can see, often succesful) tactic. Police are trained to act in a sort of "intimidating" manner in order to convince you to cooperate with them. But as I said, without knowing all the details, it is impossible to say whether or not the search was valid.

It is impossible to say for sure. My best guess is that you will probably be offered a plea to simple possession. Then you'll serve probation, do community service, and pay a few hundred in fines. Unless of course, your attorney believes the search was illegal, in which case you will go to trial. If your attorney is able to get the evidence surpressed, the case will be dismissed and you will have lucked out big time.

Sort of. Since you are a juvenile, your records will be sealed to everyone except the government.

anglofrench

I discussed the school zone issue with my lawyer and she said it doesn't apply because I was still a minor. As for the search he never asked for my consent, however while he was searching my car I informed him I had marijuana prior to him finding anything. I also had some pipes which the lawyer may use as an indication of personal use rather than sales. thank you for the insight.

anglofrench

also does anyone think that the drug treatment program will sway the judge's opinion or am I just wasting my time? I go twice a week and get drug tested regularly, my counselour said he'd write a letter for court documenting my progress.

Hookahs

I would say continue with the drug treatment program.

I once started a program before my sentencing and the judge told me to go ahead and finish the program. I was already half - way through it. It can only help, and he'll most likely sentence you to one anyhow.

Good Luck

__________________
I smoke 2 joints in the morning, I smoke 2 joints at night. I smoke 2 joints in the, afternoon it makes me feel allright.I smoke 2 joints in time of peace and 2 in time of war.I smoke 2 joints before I smoke 2 joints then I smoke 2 more.
Hard work good, hard work fine, but first take care of head.

420 Bookie Administrator

 

Andrew87

That'll do it.

But you also had baggies and a scale, as well as 3/4 of an ounce in separate packages. The ADA will use that as an indication of your intent to distribute. Maybe you weren't actually selling it, but that is certainly how it appears. Anyways like I said, you'll probably be allowed to plead out to simple possession, and it won't make much of a difference.

Definitly not wasting your time. This is actually a tremendous plus, which I believe will ultimately tip the scale in your favor.

steakii

It depends if you go to trail or not. It should have no impact on a guilty plea, but if you dont plead guilty and go to trial, it can be very helpful.

anglofrench

I didn't have it in separate bags, just 20 G's in one bag and a dime that we had all pitched in for a blunt. Also I took a look on NORML.org and it says sales of 28.5 g or less by a minor is a misdemeanor under California law. Can anyone confirm this?

Andrew87

You are completely backwards. It will have HUGE impact on his sentencing after a guilty plea, by showing he is seemingly making an attempt to rehabilitate himself. It can also affect the ADA's decision of whether to give him a bit of a break, or prosecute him pedal to the metal. The drug class will have absolutely NO value if the case goes to trial, in fact, it would make securing a "not guilty" verdict that much harder.


I see...In your OP I thought you meant you had 20 g's in one bag and 1 g in another(which would have looked like you had broken it down and prepared it for sale). My bad.

I wouldn't rely on NORML for state laws, I know what they have listed for my state is incorrect. Try california.gov and look at what the actual statute says.


What were you actually charged with, anyway? I assume possession w/ intent to distribute...

anglofrench

Health and Safety Code 11359 – Marijuana, Possession for Sale

thank god I wasn't 18 my bail would have been 20 grand!