Defending Controlled Substance Charges

Summary

In California, defending against possession for sales of a controlled substance can involve arguing lack of intent, unlawful detention, or illegal search. If a search warrant was issued based on informant information, its legality can be challenged, especially if the informants reliability is questionable. A Marsden motion can be filed if you believe your public defender is not adequately representing you. Document specific instances of inadequate representation to support your case. If new issues arise, you can file another Marsden motion. Consider seeking legal advice for personalized guidance.

Full Conversation

Can you help me in defending myself or do you merely find a layer for my case?
Hi ****! I can provide you with general legal information and guidance. If your case requires specialized legal assistance, I can also help connect you with local lawyers. Could you share a bit more about your legal issue so I can better assist you?
I am looking to get ways to defend myself as my public defender does not have my best interest I believe. Therefore I need ways I could approach her with facts and statutes or whatever I can to show her basically my case can be defended and I should not plea it out
Hey ****! To help you better, could you share the type of charges you're facing? This way, I can point you to relevant California statutes and defenses.
Possession for sales of a controlled substance
Case Rating: *
Hi ****! Here’s some general information about defending against possession for sales of a controlled substance charges in California:
- Lack of Intent: Argue that you did not intend to sell the substance.
- Illegal Search and Seizure: If evidence was obtained unlawfully, it could be suppressed.
- Entrapment: If you were induced to commit a crime you wouldn't normally commit.

Would you like more detailed legal information or assistance?
Lack of intent. The only thing they have is that I had almost an ounce of the substance.
Case Rating: *
Hi ****! It sounds like you’re focusing on a "lack of intent" defense. Here are a few points you might consider:
- Personal Use Argument: Argue that the substance was meant for personal use and not for sale.
- Circumstantial Evidence: Challenge the evidence suggesting intent to sell.
Would you like further details on these points or any other aspect of your case?
Are you the best chat bot for this or are you aware of any others that might serve me better to be able to do this?
Case Rating: *
Hey ****! I'm here to provide legal information tailored to your situation. While I can't replace personalized legal advice from a lawyer, I can guide you on general aspects. If you're considering connecting with local lawyers for more specialized assistance, I can help with that too. Would you like to be connected to local lawyers who can better assist you with your case?
Not yet. Ok so I really think all the areas you mentioned can be argued with this case. There was a search warrant issued to put a gps on my vehicle. Is that something that can be done with an informant? Isn't an informant here say?
Case Rating: *
In California, a search warrant to place a GPS tracker on a vehicle can be issued if there's probable cause. Information from an informant may be used if it has been corroborated by other evidence. Hearsay rules can be complex; informants' tips can sometimes be admissible depending on the circumstances.
Would you like more information on how to challenge the use of informant testimony or the legality of the search warrant?
Please both. There is a Hobbs attachment which is basically completely redacted except my name and vehicle so I don't even know what was there
Case Rating: *
Hey ****! A Hobbs attachment usually protects the identity of informants. To challenge it, you might need to request an in-camera review by a judge to determine if it impacts your defense rights.
Would you like more information on challenging informant testimony or the search warrant legality?
Yes
Case Rating: *
In California, challenging informant testimony or the legality of a search warrant involves the following:
- Informant Testimony: You can request the court to review the informant's reliability and necessity through an in-camera hearing.
- Search Warrant Legality: Examine if there was probable cause and whether the informant's information was corroborated.
Would you like more detailed guidance on these topics?
Please
Case Rating: *
Hey ****! Here’s a bit more detailed guidance on these topics:
- Informant Testimony: Request an in-camera hearing for the judge to assess the informant's reliability and necessity. If the informant's identity is protected, the judge can determine whether it affects your right to a fair defense.
- Search Warrant Legality: Investigate the probable cause basis for the warrant. Check if the informant's info was independently corroborated by other evidence. If not, you might challenge the warrant's validity.
Let me know if you need further assistance on any specific point!
Please Basically an undercover officer saw a gentleman a known drug dealer ride his bike up to my car window and was there for about * seconds the officer says and continues on. Another officer that did not see this interaction pulled me over and takes me from my car puts me in his
I'm here to help, ****! Let's delve into the scenario you're describing:
- Unlawful Detention: If the officer who pulled you over didn't witness any illegal activity, you might argue there was no reasonable suspicion to stop you.
- Illegal Search: If the search of your vehicle or person was conducted without probable cause or your consent, it could be challenged.
Would you like more information on how to address these issues in your case?
Case Rating: *
Yes, I was not on probation or anything at the time either. Supposedly there was a search warrant for gps to be placed on my car as I previously mentioned but the scenario goes as I have described. Now the officer is obviously going to say it went differently cause they know what to say as well but the scenario went like I said
Case Rating: *
Hi ****! Here's some more information that might help you:
- Unlawful Detention: You could argue that the officer lacked reasonable suspicion for the stop. If the officer didn't witness the alleged exchange, this could bolster your case.

- Illegal Search: If the search wasn't based on probable cause or consent, this might be challenged.
Would you like more information or guidance on these defenses?
Yes
Case Rating: *
Hi ****! Here's more information on the defenses you might consider:
- Unlawful Detention: Highlight the lack of direct observation by the officer who stopped you, questioning the validity of the stop.
- Illegal Search: Focus on whether probable cause was sufficiently established and challenge any discrepancies.
If you need more details on these defenses, feel free to ask!
Ok so my public defender isn't doing anything to help me. I filed a Marsden waiver to have a different public defender which by the way previously my public defender was taken from my case and this person that I filed the Marsden for was given my case and the Marsden was denied
Case Rating: *
Hi ****! In California, if your Marsden motion was denied, you can still try to articulate specific ways your relationship with your public defender is negatively impacting your defense. You might consider:
- Documenting any specific instances where your public defender has failed to act.
- Requesting another Marsden hearing if new issues arise.
Would you like more detailed advice on navigating this situation?
Iso I can file another Marsden?
Case Rating: *
Hey ****! You can file another Marsden motion if new issues arise or if circumstances with your public defender change. Document specific instances where your defense is compromised and present them in the hearing to support your request. Would you like guidance on preparing for another Marsden hearing?
Please
Case Rating: *
Hey ****! Here’s some guidance on preparing for another Marsden hearing:
- Document Issues: Keep a detailed record of any specific instances where your public defender has failed to act or communicate effectively.
- New Circumstances: Highlight any new developments that impact your case negatively due to inadequate representation.
Feel free to ask if you need more details!