Possession of Drugs in California
Possession of drugs is one of the most prevalent criminal offenses at the state and municipal levels. There are two sorts of drug possession: simple possession and possession with the purpose to sell.
A Prosecutor just needs to show that the defendant had custody of the substance at the time of the arrest to get a criminal conviction in a simple possession prosecution. However, not all individuals convicted of simple possession will be sentenced to jail time, especially if it is their first time being charged with a crime.
For example, under a kind of sentencing known as “drug diversion,” certain prisoners may be eligible to complete their sentences in drug treatment programs.
Another alternative sentencing option under the Substance Addiction and Crime Prevention Act, which was enacted in 2000 via Proposition 36, allows non-violent drug offenders to attend a substance abuse education course or inpatient treatment.
Possession with the purpose to sell
Possession with the intent to sell is punished more severely in California than mere possession. Possession with intent to sell amphetamines, for example, carries a maximum sentence of four years jail time. The prosecution does not need to establish that you actually sold the narcotics in a possession with intent, to sell the case. All they need to show is that you had the intent to sell them.
Circumstantial evidence may be used to show your purpose and a criminal lawyer can use it to defend you. Gram scales and big sums of money in your house are examples of circumstantial evidence. Additionally, there may be sentence enhancements that apply to your criminal case. Dealing cocaine in a school zone, for example, or selling it to a kid, might result in harsher penalties.
How has California been dealing with a drug crime?
It may be argued that our state is forgiving to drug offenders. Despite the fact that possessing a tiny amount of marijuana is basically decriminalized, a person discovered in possession of the narcotic in a quantity above the threshold amount might face substantial legal consequences. In every drug offense case, the first order of business should be to look for alternatives to conviction or jail. You must guarantee that your rights and interests are safeguarded whether you are charged with possession, intent to sell, transportation, or drug manufacture.
How can I defend myself against drug possession charges?
Medical necessity, having a valid prescription, not “possessing” the restricted substance, transitory possession, lack of awareness, and procedural defenses like entrapment, unlawful search and seizure, or inappropriate police action are all viable defenses to drug possession accusations. Those charged with drug possession or any form of drug offense should consult an experienced criminal defense attorney as soon as possible to decide the best approach for their case.
How can a Sacramento criminal defense lawyer help you?
Your defense lawyer will guarantee that your rights are safeguarded at all times during the legal process. You may not even notice your rights were infringed throughout any phase of the procedure if you don’t have legal protection.
For example, the police on the case may fail to inform you that you are not required to talk without the presence of a lawyer, causing you to feel you must manage the questioning procedure alone.
In addition, at an extremely stressful period, your attorney will provide reassurance and assistance. It is very unusual for law enforcement authorities to treat defendants with violence and rage, and your attorney will be present to guarantee that you are respected during interrogations and the trial.
Having a good criminal defense lawyer on your side can help you stay calm and understand what you’re up against. That way, you’ll have the best opportunity of getting your life back on track.
Find a drug defense attorney in Sacramento now!
Because of recent changes in the Criminal Defense law, drug cases that were previously resolved as felonies may be reduced to misdemeanors.
This can make a huge difference in your future. Let us navigate you through this legal system to have the best possible outcome.
Drug offenses are a serious matter. If you or a loved one has been charged with a drug felony, you should speak with a skilled Sacramento criminal defense lawyer as soon as possible to build a strong defense. Call 916-890-0654 or use our online contact form to get in touch with the Chastaine Joness.