Drug Crimes, Substance Abuse Felony narcotics charge. First time offender

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Scotty_B

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On saturday night, i was approached by the police for smoking a cigarette near the beach, I had a small bullet with a very small amount of Cocaine in it. I tried to ditch it descretely but they found it. I got arrested, thrown in jail for about a day, and got bailed out. My court date is on Monday next week, the 27th. I know i need to seek legal representation, but i've no idea what i'm doing. I do not have a record.

Almost everyone i've talked to with experience in the subject tells me the charge will most likely get dropped to a misdemeanor and result in some sort of probation/fine/community service. I certainly do not want to go back to jail, so any enlightenment/advice or anything of the sort would be greatly appreciated.
 
What state are you in, and what is the code section under which you are charged?

Most states now have drug diversion and treatment programs for first time offenders. So you will likely suffer probation and treatment for a couple of years. If you pass diversion, the case will likely be dismissed.

- Carl
 
Don't think probation will be easy for you. Get ready to have someone watch you piss in a cup 2-3 times a week/randomly, probably from 6-8 a.m. Cocaine is notrorious for not staying in the system long, so it's very likely you'll have at least 2-3 tests per week.

Also, no alcohol.

You store cocaine in bullets? Am I missing something, or is that some kind of new term?

Also, get ready for "educational" classes.
 
The term, "Bullet", can mean a few things depending on the region. Unless it is very new, or he is talking about mixing cocaine with some sort of popper (inhalant), then I suspect it was actually a real bullet ... well, more than likely in a shell casing with a single hit - perhaps an old .22 casing.

- Carl
 
Not to be too mean, but there should be some kind of additional charge for stupid, if someone is hiding cocaine in a .22 shell of all things!

Nah, cop'll ignore that. . . lol.
 
No no, a bullet is a little device that stores the cocaine, with a small valve with a hole in it, it allows you to get a little bump in the hole, turn the valve and snort it. I vary rarely do coke, Don't smoke weed etc. so i'm not worried about passing the tests, just the hassle i guess.

but i am located in San Diego, Ca. As far as the code section, the only papers i recieved upon leaving, were my court date papers. Under Charges it states

" 1.1350 (a) 1+s"
 
That's H&S 11350 (possession of a controlled substance ... in this case, cocaine).

Provided you have no other cases pending and no priors for dope, you are likely eligible for diversion under Prop 36 (per PC 1000). That will mean a couple years of probation, drug treatment and testing, and when you are done - assuming you pass - the matter will be dismissed.

- Carl
 
Thanks for the info. I do not have any prior arrests. Do you think this is something a public defender could handle pretty easily, or should i really start seeking out personal legal representation?
 
As for attorneys, if you can afford private counsel, you will not generally qualify for a public defender. But, yes, it is certainly able to be handled by a public defender. They deal with these all the time.

- Carl
 
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