How long you remain incarcerated depends on the severity of the charge and on the factors surrounding your case. 

Factors that Influence How You’re Charged for Drug Possession

Factors that the court considers in a drug possession case include the following:

• Were you charged with simple possession? This means you had a drug on your person for your own use and only in a small amount. You did not intend to sell it or to give it to someone else.
• Were you charged with possession with the intent to sell? This charge is weighty and can lead to a felony conviction. Also known as drug trafficking, this crime can affect, in some cases, an offender’s immigration status, which could lead to deportation.
• What type of drug was involved? Illegal drugs fall under different schedules of narcotics – from Schedule I to Schedule V, with Schedule I considered the most dangerous. Schedules are based on the risk of addiction and the drug’s feasibility for use medically.* 

*So, if you’re caught with a Schedule I drug like LSD, heroin, or marijuana in your possession, you may likely face a stiffer charge than if you have a sedative or tranquilizer (Schedule IV drug) on you.

Other considerations include the following:

• How much of the drug did you possess?
• Why were you in possession of the drug?
• What is your previous criminal history?

A qualified drug possession attorney will help you defend your charge successfully, as they will also consider the above factors of your case. They will also review your arrest and see if anyone breached your rights constitutionally. With a good defense lawyer on your side, you can defend your charge and realize a better outcome.

So, what counts as possession of a controlled substance in California?

Drug Possession in California: The Two Key Elements

You’re considered in possession of a controlled substance in California if one of the two following factors apply:

• You have the drug in your person or in your pocket (on your person).
• The drug is in your control (in your locker, in your home, or in your car).

When You Can and CanNot Get Charged for Possession

You cannot get charged for possession if you’ve been prescribed the drug. 

You cannot get charged for possession of marijuana either if you’re following the rules set out by the state’s marijuana act for adults. 

For instance, if you grow and cultivate more than six marijuana plants in your home, that’s illegal. Doing so will lead to a charge of marijuana cultivation. 

However, according to California’s Adult Marijuana Act, you can use marijuana for personal use, provided you only possess up to 28.5 grams (about an ounce) or up to 8 grams of concentrated marijuana (such as a hash). You must be 21 years old to use the substance.

It’s illegal to smoke marijuana in your car, in a public place not designated for smoking marijuana, or anywhere where smoking tobacco is prohibited.

What the Prosecution Must Show for You to Get Charged with Drug Possession

The prosecution must show that you were aware you had the drug in your possession and that you knew, or that it was reasonable to assume that you knew the drug was illegal.

Drug Possession Defense Strategies

Generally, possessing a drug is less serious than other drug crimes, such as selling and trafficking. Your attorney can reduce your charge if they can show that you did not intend to sell, traffic the illegal substance, or give it away. 

They may also prove your innocence if they can show that you did not know the drug was in your possession.

Specific Examples

For example, they may defend you in the following ways:

• You were unaware that you had the substance because the drug was left in your car by a passenger or found in your home after a visitor left it there.
• You did not know what the substance was (for instance, a friend asked for you to hold a package for them and did not tell you about the contents).
• The drugs were found near you – not on your person.
• You had a verifiable prescription for the drug.
• There was a glitch in the lab analysis.
• You were unlawfully searched when the drugs were seized.

Therefore, it’s highly important to rely on a drug crimes defense lawyer to handle your case. That way you have the best chance of getting your charge dismissed or reduced.

Jail Time for Drug Possession in California

Proposition 47 in California has revamped the law for sentencing defendants for crimes like drug possession and theft. The illegal possession of certain drugs will lead to a misdemeanor charge, or up to a year in a country jail and a fine of up to $1,000. 

Therefore, some convictions, which once led to felony charges, are now considered misdemeanor offenses.

According to Proposition 47, the following drugs, if found in your possession, may lead to a misdemeanor charge for drug possession.

• Anti-anxiety drugs, such as benzodiazepines like Valium, Xanax, and Librium.
• Stimulants, such as methamphetamine, amphetamines, cocaine, or MDMA.
• Hallucinogens  such as psilocybin (mushrooms), LSD, and ketamine
• Opiates like heroin, oxycodone, and Vicodin.
• Steroids like testosterone.

Many of the above drugs are available per a doctor’s prescription.

You’ll serve a longer jail time if you’ve had a prior drug conviction or you used a firearm while in possession of a drug. These types of factors ramp up a drug charge to a felony.

Contact a Drug Crimes Defense Attorney Now

If you’ve been charged with drug possession, you need to contact a drug crimes defense attorney about your case. In California, contact Jance M. Weberman today.

The post How Long Can You Go to Jail for Possession of Drugs in California? appeared first on Jance Weberman | Winning Los Angeles Lawyer.

So, what criteria allow you to proceed with the program?

Do You Qualify for Pretrial Drug Diversion?

You may be qualified for a drug diversion program if you’re a first offender, a non-violent offender, and you’re not charged with possession of drugs for sale.

You should discuss your situation with your lawyer to see what they think. However, it’s still up to the prosecutor to recommend you for treatment. If you’re accepted for drug diversion, keep in mind that the court must approve of the facility where you receive treatment. In addition, the program will last 12 to 18 months.

If accepted into a program, you’ll need to submit to drug testing and must be willing to pay for part of the treatment costs.

Penal Code 1000 and Pretrial Drug Diversion

Before 2018, penal code 1000–which references drug diversion–was called a deferred entry of judgment or DEJ. At that time, you had to enter a plea of “guilty” to take part in drug diversion. If you completed the drug treatment program, your charges were dismissed. However, if you did not complete the therapy, the court enforced the guilty charge.

Pretrial Drug Diversion: What the Law Currently Says

After 2018, the law was amended, and, today, the program is referred to as a pretrial diversion program. The revised law allows you to plead “not guilty” to your charges so you can receive drug treatment. 

Once you complete the program, the charges are dismissed. However, if you don’t follow through with the treatment, you’re still entitled to a trial.

This trial will be a bench trial. Therefore, you’ll have your case heard solely before a judge (not a jury). The judge takes on the role of the jury, determining the facts and ruling on evidentiary and procedural issues. He or she will then hear the evidence of your case, decide on the rulings, and render a verdict of guilty or not guilty.

Offenses that Apply to Penal Code 1000

Certain offenses allow you to take part in penal code 1000. These charges involve several health and safety codes, certain penal codes, and vehicle code 23222(b) (possessing cannabis in an open container inside a car).

Health and Safety Code Violations

Health and safety code violations that apply to penal code 1000 include:

• Possession of a controlled substance 
• Possession of cannabis
• Possession of drug paraphernalia 
• Being under the influence of a controlled substance 

• Aiding/abetting in the use of an illegal controlled substance
• Illegal possession of certain prescription sedatives
• Possession of methamphetamine for personal use
• Being under the influence of a controlled substance.

Penal Code Offenses

Penal code violations that allow you to take part in drug diversion include:

• Solicitation to commit another person to commit a crime so you can personally use narcotics (Penal Code 653f(d))
• Possessing a toxic substance for huffing (Penal Code 381)
• Lewd conduct is associated with being under the influence of a controlled substance (Penal Code 647(f))

Drugs Covered Under Penal Code 1000

At this point, you might be wondering which controlled substances PC 1000 covers. Drugs that fall under this statute include cocaine, heroin, peyote, ecstasy, gamma-hydroxybutyric acid (GHB), ketamine or “Special K,” marijuana, methamphetamine, some hallucinogenic drugs, such as PCP (phencyclidine), and prescription opioid drugs like hydrocodone (Vicodin) or codeine.

The 2 Key Elements the Courts Consider When Considering Diversion Sentencing

Therefore, the court is more inclined to consider pretrial drug diversion beneficial if a defendant used the drug (regardless of its type) for personal use. They will also rule in your favor if they believe you could truly benefit from drug treatment.

If you choose drug diversion over going to jail and are deemed eligible, you must forfeit your right to a speedy trial, a quick preliminary hearing, and a jury trial. However, before the court determines your eligibility for the program, it may ask that a probation officer review your case. 

Investigating Your Case Further

A probation officer will look over background information, such as employment records, education, family and community ties, previous controlled substance use, treatment history, if applicable, and other mitigating circumstances. 

No statements you make to the probation officer can be held against you. This info is only used to see if you’d benefit the most from treatment, education, or rehab.

If you elect not to take part in pretrial diversion or the court rules against the program, your right to a speedy pretrial hearing and a jury trial is maintained.

Contact Jance M. Weberman Law to Represent Your Drug Crime Defense Case Right Away

If you face drug charges, you need the best legal defense possible In California, you need to contact a professional drug crime defense attorney. To discuss your case, contact Jance M. Weberman today.

The post Drug Charges for First Offenders and California’s Drug Diversion Program appeared first on Jance Weberman | Winning Los Angeles Lawyer.

Therefore, you need to know what you’re facing when you’re arrested for this offense. California takes a dim view of people who transport and sell drugs, so you need to know what you’re up against.

How Does the Law Define Drug Trafficking in California

Under California Health and Safety Code 11352, the sale and transport of controlled substances is illegal. To further define the law, below are examples of what it means to traffic and sell illegal drugs:

• Selling, furnishing, or administering drugs or giving drugs away, transporting them for sale, or importing illegal drugs into the state.
• Knowing that a drug is a controlled and illegal substance.
• Possessing a “usable” amount of the drug.

Basically, the 11352 code prohibits the sale or movement of drugs in any way, shape, or form. Drug trafficking therefore can include using a bicycle or car to transport drugs, or selling them on foot. Therefore, you can face a felony charge by selling a small amount of drugs to an acquaintance or friend.

U.S. Drug Trafficking Federal Investigations

Federal authorities may become involved in an investigation for the transport of drugs if one of more of the following incidents apply:

• The suspicion exists that drugs are being moved across a state or over state boundaries.
• Drug sales are taking place where federal authorities have increased surveillance because of a high level of drug activity. These areas are known as High Intensity Drug Trafficking Areas (HIDTAs)
• Large amounts of methamphetamine are suspected of being moved during drug transport.

When facing trafficking charges for drugs, the penalties are determined by the volume of drugs trafficked and sold or whether injuries or deaths occurred because of the activity. Penalties may range from a five-year prison sentence to life in a penitentiary and steep fines – some that start at $5 million.

California’s HS 11352: What Drugs It Covers

Some of the primary drugs covered under HS 11352 include the following controlled substances:

• Cocaine
• Gamma-hydroxybutyric acid or GHB
• Opiates
• Heroin
• Peyote
• LSD

In addition, certain prescription drugs are included, such as oxycodone (Oxycontin) and the brand, Vicodin (hydrocodone). While the code does not cover the sale and transport of methamphetamine or marijuana, other codes do cover the substances.

Examples of HS 11352 Charges

Let’s say you’re arrested for breaking the law under HS 11352. In this case, you may be charged with drug trafficking and selling if you do the following:

• Selling a friend a bottle of Vicodin to make some additional money.
• Selling peyote that you grow yourself to a neighbor.
• Transporting heroin or cocaine to another location for a friend who is a drug dealer.

The two primary classification under HS 11352 then includes transport of a controlled substance and selling or furnishing the drug.

Drug Transport: How It Is Defined

In the most basic terms, transporting a controlled substance involves the movement or the carrying of illegal drugs from one place to the next. So, even if you only walk a couple feet and sell  a drug, you can still be arrested for trafficking. Whether you’re riding a bike, operating a car, landing a plane, or walking, all these forms of transport are covered under drug trafficking.

To be convicted of drug trafficking charges then, the prosecution must show that you intended to sell the drug and that you had a usable amount in your possession. Transporting a trace amount of a drug does not count as an HS 11352 violation. 

You can still be charged with selling a controlled substance, even if you give away the drug for free. That is why it is in your best interest to consult with a drug crimes defense lawyer right away.

Plus, you don’t need to handle drugs personally to get arrested for trafficking. You can still be found guilty if you have constructive possession. This means you can still be convicted if you paid someone to transport the controlled substance or you were paid upon delivery.

Related Drug Charges

The transport of marijuana falls under the state code HS 11360, which also covers selling or furnishing the drug or giving it away for free. This type of penalty could lead to a three or four-year term in jail. 

For the transport of methamphetamines, you may be convicted under code HS 11379. This law covers drug trafficking of methamphetamines, such as MDMA (known as “ecstasy”), ketamine, and PCP. Most of the arrests involve users.

Drug trafficking comes in various forms, so you need to take your case seriously and obtain legal help right away. Because California has strict drug laws, you need to work with a lawyer who understands how to support your concerns when you’re arrested for trafficking and/or selling drugs.

Who to Contact in California About Drug Trafficking Charges

In California, contact the law firm of Jance M. Weberman. You can call the firm now at (213) 386-9100. If you have been convicted of any drug crimes, you need an experienced drug crimes defense lawyer on your side. Make sure your legal representation places a priority on your defense and a positive resolution of your case.

The post Have You Been Charged with Drug Trafficking in California? appeared first on Jance Weberman | Winning Los Angeles Lawyer.