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Ask A Lawyer: What’s the sentence for drug possession/transportation?

Ask a Lawyer is an occasional feature that highlights the answers that the attorneys at the Law Offices of Nuttall & Coleman give to questions asked at Avvo.com.

How much time, if any, am I looking at if convicted on four counts of California Health & Safety Code section 11379(a) and one count of California Health & Safety Code section 11378?

This is my first time ever, in my 23 years of living that i have been in trouble with the law. at the time i was using, homeless, no job and my family was not there to help me due to my addiction. i was presented this (not so great) OPPRITUNITY to make some money. that, at the time sounded worth it. in the end the person who had presented it to me knew that it was the police the whole time.

Answer:

Mark Coleman: H&S 11379 carries a maximum sentence of up to 4 years, and 11378 up to 3 years. It is impossible to know what the court will do, but it sounds like based upon your circumstances the court should be willing to give you a break. You may have a defense based upon the fact that you have no record, and you were given the “opportunity” by an undercover officer. If you are homeless, talk to the Public Defender, they will help.

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