Drug Offenses
California has some of the strictest drug laws in the nation. The sentences range from probation to life in prison depending on the circumstances and charge. The charges are:
- Drug possession—felony or misdemeanor. Marijuana possession, possession of drug related items and being under the influence of drugs are misdemeanors. All other drug possession charges are felonies. Prosecutors must prove you were in control of the drug.
- Possession of drugs with the intention sell is a felony. Prosecutors may present wiretapped conversations, items found in your home (scales, drug packaging) and witnesses who reported a lot of activity at your home.
- Drug trafficking is a felony unless you are charged with possession of less than 28.5 grams of marijuana that is for you own use. In that circumstance, the charge is a misdemeanor. You don’t have to transport the drugs yourself. You can be charged with conspiracy or aiding and abetting if you helped someone sell or purchase the drugs.
- Felony charges will be filed if you are caught making drugs---growing marijuana or using a methamphetamine lab.
The Penalties
If you are convicted of misdemeanor drug possession, the maximum sentence you can receive is a year in jail and a $1,000 fine. Felonies are more serious. In most cases, judges will consider the base term (the range of sentencing for the offense), any extenuating circumstances (were children involved, did the use of the drug lead to someone’s death or illness?) and whether or not the defendant has a prior criminal history.
California has a ‘three strikes’ law. If you have been convicted of two previous felonies and are convicted of a third, you could spend 25 years to life in prison.
Alternative Sentencing
Treatment is often recommended rather than jail for non violent drug offenders. This alternative can keep a felony off your record and include:
- Drug Court. This nationally recognized program requires participants to undergo an intensive treatment program. Once the program is completed, the case is dismissed.
- Diversion. Also known as deferred entry of judgment, the defendant pleads guilty but agrees to take drug education classes. The case is dismissed after 18 month.
- In July 2000, California voters passed Proposition 36, which allows first and second time drug offenders to receive treatment instead of jail time.
You Need A Great Attorney
The associates at Luftman, Heck and Associates will examine every piece of evidence in your case. Was the evidence obtained legally? If not, it cannot be used against you. If the judge suppresses the evidence, the case against you could be dismissed. Examples include:
- Fourth Amendment violations
- Warrants issued without probable cause
- Wiretapping and other illegal surveillance
- Miranda Rights warnings (omitted, abridged or defied by police and prosecutors)
- Possession of “drug paraphernalia” as evidence of a crime
- Statements and evidence (illegally obtained, or improperly allowed at trial)
- Findings of canine searches (drug-sniffing dogs)
