In the first jury I did in the early 1990s, my client was charged with California Health and Safety Code 11351 HS possession and sale of drugs, and she was facing jail time.
Her most significant problem was working out a deal with the prosecutors. Even though they did have some evidence against her that she had kids, she could not go to jail, so we went to trial.
There was a co-defendant in the case, and he had given information about her and himself when the police arrested him. That was one of the pieces of evidence they were even able to use to get the case to try against my client-he was using his statement. I blocked them from using the statement at trial, but they used it against the co-defendant.
What Does the Law Say?
California Health and Safety Code 11350 HS (drug possession) says, "(a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b), (c), (e), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code."
California Health and Safety Code 11351 HS (drug sales) says, "Except as otherwise provided in this division, every person who possesses for sale or purchases for purposes of sale (1) any controlled substance specified in subdivision (b), (c), or (e) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years."
Hung Jury
He was convicted very quickly after the jury trial. It was a hung jury as to my client, and as I recall, I think it was hung 6 to 6. So, we were reset for another date after the trial, and I learned that one thing that helps you in a multi-defendant case is some defendants are more guilty than others.
The defense attorney for the less-guilty defendant can compare the two and make a pretty good argument regarding reasonable doubt and the presumption of innocence, and that's what I did to get that hung jury. Then, we worked out a deal where my client got no jail time, which she wanted.
Highly-Experienced Drug Crime Defense
That's one story, one example of a success I've been involved with. That was in the early 1990s, over 30 years ago, and I've been doing jury trials ever since.
So, if you or a loved one has a sale of drugs, a possession for sales of drugs, and you need help, pick up the phone and ask for a meeting with Ron Hedding.
In addition to that defense experience for 30 years, I worked for the district attorney's office early in my career.
I worked for a superior court judge as his right-hand man, so I know exactly how the other side will attack you and how the judge will deal with some of the issues. You have to be well-rounded as a criminal defense attorney because you never know what's coming down the pike against your client, and you have to be ready to react and handle it the right way.
If you need the best, pick up the phone and ask for a meeting with Ron Hedding.
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