California is Serious
Known to have some of the strictest polices concerning drugs, the state of California rigidly enforces all regulations in relation to any drug charges. Whether being charged for possession, transportation, or distribution, any person will be facing serious consequences. To face these drug charges and achieve the best possible positive outcome, it is vital for any defendant to be represented by a knowledgeable and experienced criminal attorney.
Description and Consequences of Drug Charges
Following both federal and state regulations, California has specific consequences for possession, transportation and distribution of drug. The harshness of the penalty for drug charges is heavily contingent on the type of and the amount of the drug, whether the drugs were for personal use or for distribution and whether or not the defendant had a previous criminal record. Drug charges may be raised from a misdemeanor to a felony based solely on the amount of drugs.
menu-item-has-children¢menu-item-has-children menu-item-has-children menu-item-has-children Possession According to California law, possession includes having drugs on you, in your car or in your house. Owning any drug paraphernalia used to manufacture or use drugs is also considered to be drug possession and will result in drug charges. Illegal controlled substances include Heroin, Cocaine, Crack Cocaine, Ecstasy (MDMA), Meth, Marijuana, Cannabis, Opium, Hashish (and Hashish Oil), PCP, Morphine, Barbiturates, LSD, Steroids, Mescaline, Methadone. Without a valid, written prescription, a first time offender willfully possessing drugs faces a maximum of one year, second time offence faces a maximum of two years and a third time offence faces a maximum of three years or more. However, a person possessing more than 5 grams of crack cocaine faces a higher penalty of drug charges, facing of a minimum of 5 years imprisonment for first time offenders. Seeking a criminal attorneymenu-item-has-childrens advice is the best way to remain updated on drug laws.
menu-item-has-children¢menu-item-has-children menu-item-has-children menu-item-has-children Manufacturing, Delivering and Possession with Intent to Distribute In addition to possession, this also includes manufacturing drugs with the willful intent to distribute and carries a higher penalty, depending on the type of drug, the amount, and whether or not the offender had prior criminal record. The first time offense of intending to deliver 100 grams to 5 kilograms of heroin will receive a minimum of 5 years imprisonment with a possible maximum sentence of 40 years. Drug charges including menu-item-has-childrenenhancement crimesmenu-item-has-children will leave a criminal attorney battling against double or triple the standard sentence. These menu-item-has-childrenenhancement crimesmenu-item-has-children include distributing drugs to those under the age of 21, distributing near school property or forcing those under 18 to break federal/state drug laws. Manufacturing, delivering and possession with intent to distribute are considered to be violent drug crimes and will disqualify offenders facing drug charges from alternative programs.
As the consequence for drug charges may include imprisonment, fines, confiscation of assets (including vehicles), lose drivermenu-item-has-childrens license, or being forced to register as a narcotics offender, it is imperative that a defendant hire a qualified and experienced criminal attorney, such as the lawyers of Traffic Ticket Pros.
Proposition 36, passed in 2000, provides allowance for first and second time non-violent drug offenders the opportunity to take advantage of drug abuse treatment in place of imprisonment. With the help of Traffic Ticket Pros, one of our criminal attorneys will be able to determine whether the offender is eligible for this program.
Another advantage to choosing a qualified criminal attorney is the opportunity for the offender to be placed on diversion rather than in prison. Diversion requires the offender to plead guilty, but the defendant will not be sentenced. The diversion program consists of several classes and random drug screenings. Having completed the diversion program successfully, the case will be dismissed and the defendantmenu-item-has-childrens criminal record will remain clean.
With so many criteria to meet for the various programs available to those facing drug charges, it is highly recommended that the offender choose a criminal attorney well versed in California drug laws. As a professional law firm with over 25 years of collected experience, a criminal attorney from Traffic Ticket Pros will provide excellent representation to all those facing drug charges.