Felony Case Results in Better Result than Public Defender
Possession For Sales & Transportation of Methamphetamine + Felon In Possession of A Firearm
One Year Less Than Public Defender
My client was stopped by members of the Mobile Emergency Response Group and Equipment (MERGE aka SWAT team) at gun point and forcibly removed from his vehicle. The officers alleged that my client reached for a gun in his waistband while they attempted to arrest him – a fact that he denied since the officers already had their rifles pointed at his head. My client was a fourth term prisoner and was alleged to have been under the influence of methamphetamine when arrested. In his pockets were what the officers described as individually packaged methamphetamine which the officers claimed were possessed for sales.
My client was charged with six counts: Health & Safety Code section 11378 [Possession of Methamphetamine for Sale] with a Penal Code section 12022(c) allegation [Personally Armed with a Firearm in the Commission of section 11378]; Health & Safety Code section 11379 [Transportation of Methamphetamine] with a Penal Code section 12022(c)allegation [Personally Armed with a Firearm in the Commission of section 11379]; Health and Safety Code section 11550(e) [Possession of a Firearm while Under the Influence];Penal Code section 12031(a)(1) [Carrying a Loaded Firearm in a Vehicle] – with a prior conviction of being a felon in possession of a firearm within the meaning of Penal Code section 12021(a)(1); Penal Code section 12316(b) [Felon in Possession of Ammunition] (i.e., ammo); Penal Code section 12021(a)(1) [Felon in Possession of a Firearm]; and four prison priors within the meaning of Penal Code section 667.5(b).
Based upon these charges my client was facing over 18 years in the state prison. The Santa Clara County District Attorney wanted to send my client away for a long time based upon the allegation that he reached for his weapon while being arrested. After I took his case over from the public defender my client was offered one year less in state prison than he was with the public defender. My client jumped on the plea deal and was looking forward to being eligible to go back home in just another 3 years.