California Penal Code 2002:
Health & Safety § 11350:
(a) Except as otherwise provided in this subdivision, every person who possesses (1) any controlled substance specified in subdivision (b) or (c), or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, Iv, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in the state prison.
All drug offense penalties could result in you losing your driver’s license, paying a fine, doing jail time, loss of property associated with the crime (Forfeiture Proceedings) and could result in your spending time in county jail or state prison.
The type and quantity of drugs involved and whether they were for your own personal use or for sale (and the arresting officer can determine sale by the amount you have), a prior criminal record (especially for drug convictions) will determine how the crime is charged. For 2nd offenders, the minimum is a three year enhancement for prior sales convictions which will be added onto the current drug charge (if convicted). Under California Proposition 36, people charged with drug possession may have the Prop 36 option of going to treatment rather than being sentenced. If treatment is successful, the charges will be dropped.
The best defense for drug crimes is how the evidence was obtained. Since most evidence is obtained through search and seizure, you may have been the victim of an illegal search and seizure. Illegally obtained evidence cannot be used to convict you so you must be certain that when you contact us you advise us exactly how the drugs were found in your possession. Since this is very technical aspect of drug law, and if this type of challenge is successful, the case may be dismissed, you will want to ensure you have an attorney who is well versed in all aspects of California drug laws.
If you have or someone you know may
be facing drug crime charges, please do not hesitate to call Rizio
& Nelson seven days a week, twenty four hours a day and we will
take the necessary steps to assist in your defense.
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