Drug Crimes, Substance Abuse Old felony

[Rar69]

Jurisdiction

California

I got a charge for possession of meth which is a misdemeanor, but now are trying to make it a felony because of a 2002 conviction of possession of meth I did time on. Can they use this old conviction on me? It's over 15 years, and I'm pretty sure I pleaded no contest on that mater. So they advised me to do prop 47 to get the old charge reduced to a misdemeanor. I'm dealing with Sonoma county and they're crooked as fuck! Am I falling into a trap? If I take it all the way and the prosecutor take it to de novo? Thank you....

 

[adjusterjack]

Can they use this old conviction on me?

Yes.

It's over 15 years, and I'm pretty sure I pleaded no contest on that mater.

No contest is the same as guilty.

So they advised me to do prop 47 to get the old charge reduced to a misdemeanor. I'm dealing with Sonoma county and they're crooked as fuck! Am I falling into a trap? If I take it all the way and the prosecutor take it to de novo?

You should have a lawyer handling that for you if it's at all possible.

 

[zddoodah]

What did your defense attorney when you discussed this with him/her?

Don't answer that since anything you discuss is privileged.

Also, some of the premises stated in your post are inaccurate. You might want to read some of these search results.

 

[army judge]

Am I falling into a trap?

Maybe, hard for a stranger to know.

If your "spidy" senses tingle, its PROBABLY a trap.

If I take it all the way and the prosecutor take it to de novo?

RES JUDICATA:

A criminal matter that has been adjudicated by a competent court of law may not be pursued further by the same parties or similar parties.

However, in your instant matter at hand, plead NOT guilty, don't admit to anything, don't discuss any aspect of your case with your pursuers, INVOKE your RIGHT to remain silent, hire a lawyer or request a public defender!

Silence is your friend, chatter aids your enemies.

 

[mightymoose]

Possessing methamphetamine in California is only a misdemeanor since Prop 47 passed a few years ago, however it can be charged as a felony oi the accused has certain past convictions.
I do not believe that a past conviction for simple possession warrants a felony charge for a new offense. If you were convicted of other offenses one of those could be what is triggering it- or if the meth you possessed was packaged for sale or there was a significant amount it might also be a felony.
Without knowing more about your criminal history I could only guess at what is appropriate for your current issue. These are questions you should discuss with a defense attorney.