I had a client who was charged with selling drugs. She was involved with another co-defendant allegedly in selling the drugs. She was arrested and she pretty much was adamant that she did not sell drugs to anybody. She was not involved in selling drugs.
She did possess drugs; but she wasn’t selling them. So, the prosecutors would not move off of trying to send her into custody and try to get a conviction for drug possession for sales. Ultimately, we ended up having to take the case to trial.
The co-defendant went to trial as well. He didn’t really have as good a defense as my client and my client ended up testifying. He couldn’t testify because he had a prior criminal record.
Drug Sales Case Reduced to Simple Drug Possession
Long story short, he was convicted. My client ended up with a hung jury. It was hung 6 to 6, so it was pretty close, and I was able to convince the prosecutors to give my client a straight possession charge which was good because she was able to get deferred entry of judgment and ultimately, got the case drug case dismissed.
But it was one of those cases where you had to fight the prosecutor. Sometimes they’re just not reasonable in cases, and even if you show them that there’s a defense to the case and they have problems of proof in the case, they won’t dismiss it.
Sometimes they just have the attitude that if the person was arrested and somebody decided to file the case in their office, then that person should have to plead guilty to whatever it is they were originally charged with.
But the unfortunate things is, a lot of times that Filing Deputy does not have all the facts and details related to the case when they actually file the case, and the defense can do some good investigation.
Obviously, I talk to my client and get all the information. Then we’re in the position to make the argument that this particular person should not have been charged with a crime, and in fact, they’re innocent.
That’s what we were able to do in this case. I think the jury kind of read between the lines and saw that the prosecutors had it wrong and she should not be prosecuted for such a serious crime as a sales case.
The difference between a sales and a straight possession case is huge, because the law is much more favorable when it comes to a possession case. There are much more things available for a criminal defendant to be able to avail him or herself of and put themselves in a position where they don’t have that conviction for selling drugs.
Avoiding Jail and a Criminal Record
This will prevent them from having a conviction on their record, don’t end up in custody and are able to get something much more reasonable. Because the law — especially nowadays, the law looks much more favorably upon a criminal defendant who is using.
They see them as a victim to a degree versus somebody who is selling — who is taking advantage of somebody in the law’s eyes. So, in this particular instance, getting that hung jury which ultimately led to getting the dismissal by way of a deferred entry of judgment.
This was a great result and I am very happy with my client’s result because it really gave her a chance to salvage her life to be able to continue to work and take care of her kids and do everything she needed to do.
So, if you or a loved one is charged with any type of drug crime, such as sales, possession for sales, drug trafficking, transportation for purposes of sales, you’ve come to the right place. I’ve handled thousands of these cases over a 26-year career.
I know what it takes to win. I know what it takes to be successful. If you need assistance in this area, pick up the phone. Make the call to the Hedding Law Firm at (213) 542-0940. We are located in the San Fernando Valley at 16000 Ventura Blvd #1208 Encino, CA 91436. I stand at the ready to help you.
Categorised in: Drug Offenses