Winton, CA Criminal Defense Law Firms & Lawyers

If this is your first offense and you are only charged with simple possession (11377) instead of sales (11378), you should be eligible for a drug diversion program. Your attorney can advise you further.

That is up to the judge in sentencing, or the DA and your attorney in plea bargaining, and will depend upon all the circumstances. You cannot ignore the reality that you face potential jail time on 3rd DUI of up to a year, in addition to fines, license suspension/revocation, and other penalties. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, facts, evidence, documents, reports, testimony, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts and evidence. If you don't know how to do these things effectively up against a professional prosecutor intending to convict and jail you, then hire an attorney that does, who will try to get a diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be. While I cant guarantee the outcome, I can probably keep any jail time down to a small amount, if any. Keep in mind a little free advice: When you are arrested for DUI, whether alcohol or drugs, then upon release from jail or booking you were given documents that included a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does. If serious about hiring counsel, feel free to contact me.