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Drug Crimes, Substance Abuse How Much Time for furnishing Meth to a Minor in CA
- Thread Starter Myesha
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army judge
Super Moderator
California addresses this offense under its Health & Safety Code.
HSA: 11353 An adult inducing a minor's involvement with a controlled substance can be sentenced to serve between 3 years & 6 months up to 9 years, if convicted of this offense.
There could be other factors to consider.
Among those other factors is if this was done in a school zone or if the adult has other serious felony convictions.
Suffice to say, those will only make it worse for the alleged "perp"!
That, however, is the least of the alleged adult's problems.
The crime that landed the person on probation, will most likely get him/her a revocation hearing.
The probationer will do time on the prabtionary offense, as well as subsequent time for the aforementioned offense!
This person will be doing some LONG & HARD time.
However, with the budgetary problems in California, this creep could end up serving somewhere between 3-5 years.
It is hard to say.
army judge
Super Moderator
I'm going to shoot from the hip with this answer.
Generally speaking, these kinds of offenses are STRICT LIABILITY crimes.
The defense of fraud or ignorance is not accepted.
Try saying you didn't know she wasn't 18 years old, if you get accused of having sex with a 14 year old.
STRICT LIABILITY, they gotcha.
However, you gotta use whatever defense you have.
If you had independent witnesses who could testify to the fake ID, maybe.
But, what drug dealer asks her/his "customer's" for their ID?
Pattern and practice would then be brought into play.
Now if you could PROVE (or just muddy the waters with) the fact that the "minor" was "snitching" others out, maybe, just maybe.
The person furnishing the meth was not a drug dealer, and the incident was not under the circumstances of a drug deal. We're talking about a room full of users "hanging out", two of said persons had sex with the minor while under the impression she was 19 while a third party supplied her with meth; the minor then cries rape a month later and all activities that night come into play. I for one know for a fact no rape took place, but regardless of the fact that the minor was consenting she was still a minor. I was just wondering if there was any forgiveness in the law considering the fact that the minor obviousy lied.
What flabbergasts me is that this girl specifically asked for a ride crossing 2 cities for the sole purpose of intercourse with one person, consents to his friend as well, smokes meth; then when she brags to her parents about her orgy in a fit of rage, backtracks and cries rape a month after all of this took place.
Regardless thats not relevant; just venting I guess.
What flabbergasts me is that this girl specifically asked for a ride crossing 2 cities for the sole purpose of intercourse with one person, consents to his friend as well, smokes meth; then when she brags to her parents about her orgy in a fit of rage, backtracks and cries rape a month after all of this took place.
Regardless thats not relevant; just venting I guess.
army judge
Super Moderator
I understand.
This happens more than you'd know.
How old is the "minor" alleged to have been when this event didn't happen?
With that many people in the room, and the alleged crimes having been reported a month after the fact; NO ONE should get convicted of anything.
Everyone should work together to say nothing to the police or anyone but their lawyesr.
No one should take a plea deal.
The state can't prove this case, if everyone just clams up!
I hope NO ONE has blabbed and admitted to anything!
My God, I sure hope not!
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jharris352
New Member
The answer my friend, is NOT ENOUGH.
You know I didn't read the rest of the answers before mine but I just can't find any sympathy for this situation. Army, who is in Defense lawyer mode would still be trashing you if you didn't do drugs with her and had "consensual" sex with her. But given a question in a legal defense posture he forgets all that bellowing and starts defending you. That's a good lawyer for you.
But let me tell you, if it were my daughter you treated in that way, for any reason, I wouldn't have any sympathy. She is someone's daughter and you didn't care about her at all. You got what you could out of her and gave her poison. I'm sure you are going to say you didn't ask for my moral opinion. Well I have bad news for you: The Jury is going to judge you morally too.
Take Army's advice and keep your mouth shut. Get the best lawyer you can afford and pray God gives you and that poor girl another chance, before you run into a father like Army or myself who won't give you that chance.
Meth is a horrible thing. Get clean. Good luck.
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jharris352
New Member
You do understand that a rape did take place. She was a minor, she had no right to consent to sex. She was being given drugs. The only thing that you say didn't happen is that she didn't announce she was underage. Further, the whole idea that a room full of meth heads asked her to produce an ID which turned out to be fake will not impress a judge or a jury. Any attempt to blame the girl is going to backfire in your face.
This too is something the law is going to disagree with you on. It was a drug deal. Unless you want to characterize it as giving her drugs so it would make it easier to rape her? Any time one gives drugs to another it is distribution. If you do it free you are still distributing. It is not going to make a hill of beans worth of difference to the Jury that you were just hanging out.
You are talking about this like it is no big deal and it is being blown out of proportion. Its a very big deal, and if anything it isn't being taken seriously enough. All of you need to be confined to a In-patient Rehab Center and then sentenced for the crimes. I'm sorry if that sounds harsh, but you are involved in a very serious crime against the people of California. That crime causes drug dealing, unwanted children, disease, raped minors, strung out crazies who rob and kill to get more drugs, etc. You may not be to that point yet, and I am not just trying to talk down to you. Look in the mirror, you are DYING.
Get some help, it is only going to get worse from here. Good luck.
mightymoose
Moderator
If this person is already on felony probation and got busted for providing methamphetamine to a minor... there will likely be a good amount of time served. A first offense is a minimum 3 years... I would expect higher than that due to the active felony probation.
If the minor lied about the age it really doesn't matter... it's methamphetamine, not alcohol! Her lie won't go anywhere in regard to the rape allegation either since the responsibility falls on the adults involved... however, you didn't say how old the minor is, and that could change things regarding the rape allegation.
Anyway- i would personally expect something in the range of 5-6 years, and at least half of it would likely have to be served before eligible for parole. Just a guess.
If the minor lied about the age it really doesn't matter... it's methamphetamine, not alcohol! Her lie won't go anywhere in regard to the rape allegation either since the responsibility falls on the adults involved... however, you didn't say how old the minor is, and that could change things regarding the rape allegation.
Anyway- i would personally expect something in the range of 5-6 years, and at least half of it would likely have to be served before eligible for parole. Just a guess.
First off, all three defendants are currently in jail, I just happen to be a close friend of all three of these young men. As for the moral stance, from what I heard from the only witness, who happens to be female, no rape took place; the minor did consent [by moral standards not legal ones] to sex with both parties, and the meth provided was also asked for not pushed upon her. As for your hypothetical daughters, jharris, just from your post I would assume that none of the children you raised would consent to sex with two men in one night and voluntary meth use.
army judge
Super Moderator
This allegedly happened OVER a month ago.
Rape, what rape?
No rape kit was used.
No one was taken to the hospital and tested.
She cried rape, but other than her cries, what proof is there?
Did one of these dummies admit to having sex with the kid?
If they admitted to mistakenly thinking she was 19 and said they had sex with her, they F*CKED themselves! :no:
Never speak to the police, other than to give them your name, address, and date of birth.
Then, ask for a lawyer!
If the dummies said they "gave" her meth, they helped convict themselves.
Had none of these idiots said anything to the police, none of this could have been proven.
Tell me these idiots didn't admit to doing ANY of the aforementioned things, please tell they clammed up!!!!
No wonder some defense lawyers get ulcers and need mental health counseling. :dunno:
army judge
Super Moderator
Okay, I'm addressing this from the perspective of a defense lawyer.
First of all, never tell your lawyer you did anything.
I hope these dummies aren't spouting this crap.
They should be saying >>>HINT-HINT-HINT<<< they were NEVER in that room.
Where ever that room may have been!
There was no sex, agreed upon or not.
A month after the fact, how could any of this be proven?
It couldn't, unless you're a dummy and admit to having sex with someone who's trying to F*CK you!
There were no drugs.
What drugs?
We don't do drugs.
Why are you accusing us of doing drugs?
By the way, what girl?
We may have seen that girl, but we never had sex with that girl.
Besides, she's a kid.
We're adults, and we don't hang out with kids!
Are you getting it?
Help "the dummies" get it!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
I wish that was the truth, 2 have admited to consensual sex [you cant even imagine the frustration im feeling] one admitted to the meth, but he is also being charged with sex crimes because of her claims but the chances of that are little to none because while she was having sex with the first guy the defendant accused of furnishing stole her phone and left the house where all of this took place. Apparently after the furnisher left she had sex with the second defendant.
Her statement says that she had sex with one consensually and after the fact the other 2 raped her repeatedly throughout the night, the problem with that is one of the men she claims raped her after she had consensual sex is actually guy she knew who she specifically came down to have sex with from jump. it just so happens that shes white, she admits to consensual sex with the white guy then claims the two black guys of raping her. Whats ironic is the man she crossed 2 cities to have sex with is one of the black males.
army judge
Super Moderator
I suspected there was the issue of race in here, somewhere.
I'm glad you said it.
Her allegation that she consensually had sex with the white guy, and the black guys raped her; doesn't help any of this pack of dummies.
She tried to help the white guy, and screwed him, too.
Children can't give consent to sex.
No matter what way you slice this mess, it means all of these dummies are gonna do time!
Nevertheless, in true defense lawyer mode, let me try one more once.
Okay, people can change their statements.
They can say they were scared.
They can say the police made them say whatever they said.
These dummies are why some people should never engage in any illegal activities.
Some people are just FRIGGING idiots.
This gang of dummies possess a collective IQ, far below 70.
These "rapists" will soon receive what they are alleged to have dished out, lots of ANAL RAPE (without FOREPLAY & lube) in some California penitentiary.
They better get ready to receive payback!
F*CKING dummies, child rapists, and dopers!
These guys give REAL CRIMINALS a bad name.
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Trust I get it all perfectly, but they scared them with claims of "dna proof"[a month later yeah sure], so they blabbed. what i want to know is if there is a way to save the whole case. If they gave guilty statements, are they admissable in court if they dont take the stand.
oh and from what i hear from the defendants they were never read miranda rights, but someone said that doesnt matter if your on probatuon?
please clarify.
thank you so much for your time.
army judge
Super Moderator
I could keep the statements from being admitted.
Most good lawyers could do that.
The police will try to get them admitted, well actually the prosecutor will.
They don't have to take the stand.
Miranda, doesn't matter.
These convicted felons would have blabbed anyway.
They were on probation.
Just the discussion of illegalities, when on probation, can get you revoked.
They were allegedly out late, doing meth, and well you know....
All I can say, is they'd have to testify to deny making they the statements.
That usually doesn't work, because they have it all on tape!
The best bet is to have their lawyer try and get them to ruled inadmissible by the judge.
Then they need to pray.
Or, make a deal.
Either way, these dummies are going back to prison, for several years!
The time to have thought was before they engaged in this misadventure and began blabbing.
They should also understand, that had they said nothing, this would never have stuck.
There is a reason Miranda warnings exist.
The prisons are full of dummies, posing as wiseguys!
So the cops said they had DNA, then why are you asking me about it?
Man, oh man!
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