My best friend who has 1 prior recently got arrested for posession! (Actual Charges)Transport/sell narcotic controlled substance-les Does anyone know what the les stands for? poss.marijuana 28.5 grams or less/violation of parole/posess narcotic controlled substance! Authorities tend to exaggerate the facts (the 3 drug charges pertain to 1 amount) not exactly sure of amount but he had it for personal usage not what the arresting officers jumped the gun and assumed! My friend was already under prop 36! Im really concerned for his future! Can someone with or without experience dealing with these type of cases please help me provide him with the best strategy in dealing with this unfortunate situation to make it one thats resolved with minimal time of incarsoration!!
2007-11-30 14:58:40 · 4 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
like i stated earlier mr. law enforcement exp. He had it for personal usage and like most law enforcement officers they exaggerated and assumed he was selling! Probably due to the fact he had money in his pocket,he's young and latino! They stereotype and got racial profiling tendencies! He's nor pleading guilty to sales if he had it for personal usage! And yes he is a man! A man with a drug habit not a drug dealer like the d.a. (Devils advocate) would have you to believe! Someone who really knows law and any provisions or motions that can be requested in this type of offense please help! Someone told me he can possibly request for his prop 36 to be reinstated is this true? Not much to do with the violation of parole but for the remaining offenses what can he do? I know,You know,he knows a jury will find him guilty regardless of the facts! Ex-gang member,Ex-con, No chance! Please help!
2007-11-30 15:32:53 · update #1
like i stated earlier mr. law enforcement exp. He had it for personal usage and like most law enforcement officers they exaggerated and assumed he was selling! Probably due to the fact he had money in his pocket,he's young and latino! They stereotype and got racial profiling tendencies in my city! He's not pleading guilty to sales if he had it for personal usage! And yes he is a man! A man with a drug habit not a drug dealer like the d.a. (Devils advocate) would have you to believe! Someone who really knows law and any provisions or motions that can be requested in this type of offense please help! Someone told me he can possibly request for his prop 36 to be reinstated is this true? Not much to do with the violation of parole but for the remaining offenses what can he do? I know,You know,he knows a jury will find him guilty regardless of the facts! Ex-gang member,Ex-con, No chance! Please help!
2007-11-30 15:34:35 · update #2
cyanne2ak please elaborate on your definition of les! Does this mean its a less charge or what? Will they possibly drop some of these due to the fact that its like getting chraged with the same crime three times!
2007-11-30 16:25:04 · update #3
cyanne2ak please elaborate on your definition of les! Does this mean its a less charge or what? Will they possibly drop some of these due to the fact that its like getting charged with the same crime three times?
2007-11-30 16:26:16 · update #4
Generally speaking (this is in no way legal advice), even though the substance may have been for your friend's personal use, it is the amount of it that determines whether the charge will indicate the substance was for sale. Often you will see multiple charges for the same offense because the prosecution will use it as a bargaining tool - "if you plead guilty to this one, we'll drop the other two". If your friend is already in the Prop 36 program, the judge may just consolidate the cases and allow your friend to continue with Prop 36 and dispose of both cases that way. This new case would end up being a probation violation for the first case, so your friend should be careful - a person only gets two violations, by the third one the judge can take the person off Prop 36 and put them in the position of either defending their case at trial or negotiating a plea bargain with the Prosecution - any plea bargain could include jail time (depending on the original charges and whether there were any felonies charged). Also, if the judge does allow this new case to be consolidated into the Prop 36 program with the other case, your friend may have to start the program from scratch. Your friend's best bet is to stick to Prop 36 and get clean. Most of the judges in this area are dedicated to helping people get off drugs and get their lives back. Tell your friend to talk to an attorney. Many attorneys offer a free consultation. At the very least, your friend should talk to the public defender at the next court date. Good Luck!
2007-11-30 17:39:33 · answer #1 · answered by Ms McCall 4 · 0⤊ 0⤋
There's really nothing you can do or advise him to do. Whatever happens to your friend now is up to the judge. If your friend was concerned about spending as little time in jail as possible(or prison) then he should have thought about that before he got caught with that much drugs; especially since he was already on probation.
Your friend should just plea guilty and accept his punishment like a man.
2007-11-30 23:09:20 · answer #2 · answered by Anonymous · 0⤊ 0⤋
"les" stands for Lessor Included Offenses.
The best thing for him to do is to get an attorney and LISTEN to the attorney. If he cannot afford an attorney, he should ASK THE JUDGE FOR ONE. Usually, the judge asks up front if he'd like an attorney. HE SHOULD SAY YES.
2007-11-30 23:46:00 · answer #3 · answered by cyanne2ak 7 · 0⤊ 0⤋
the best your friend could do is to get a very good lawyer and,
of course, plead not guilty. he can prove he had them for personal use, eventhough he may have had money with him. as relating the money to the drugs does not always work.
2007-12-01 02:58:28 · answer #4 · answered by babak_shojaei2000 2 · 0⤊ 1⤋