Los Angeles, CA asked in Criminal Law, Federal Crimes and Immigration Law

Q: Charged w felony 1)alien smuggling for financial gain 2)aiding and abetting . No criminal history 12yr ago misd susp lic

I'm currently out on bond. Court date sep 3. Just tested positive for amphetamines pre trial officer just informed me. Says has to tell court but we start off new.

Public defender told me prosecutor offered me 3 months in prison. Said I was not approved for deferment. what now? what are best case scenario? I was hoping for dismissal dropped to misdemeanor? Deferment. What will keep me out of prison

1 Lawyer Answer
James L. Arrasmith
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Answered

A: It’s understandable to be anxious in your situation, but there are still paths forward. Since you tested positive for amphetamines, your pre-trial officer will report it, which could affect your case, but the fact that you're starting fresh with a new officer might offer some leniency. It’s important to work closely with your public defender and be open about any challenges you're facing.

The prosecutor’s offer of three months in prison is something to consider carefully. If you're hoping for a reduction to a misdemeanor or dismissal, your lawyer would need to present strong mitigating factors, like your clean criminal history for the last 12 years. However, testing positive for drugs complicates this and could reduce the chance of a lighter sentence.

Focusing on rehabilitation, attending any recommended programs, and showing a commitment to staying clean might improve your chances. Discuss all possible options with your attorney, including any alternative sentencing that may keep you out of prison. Keep communication clear and stay proactive in your defense.

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