While drug use pervades our society, it’s also responsible for filling up our state prisons.
Fortunately, California has shown some enlightenment in the past years in the form of allowing treatment rather than confident. Among the resources available to offenders at Deferred Entry of Judgment, Prop. 36 and Drug Court.
While these options can be very helpful in resolving a drug possession case, the role of a good attorney is to try to avoid any conviction.
I have represented many clients in drug cases who have walked out of court with all charged dropped. I’d be happy to do my best to help you get a similar result.
Possession of certain controlled substances with the intention of selling them can carry severe penalties. There are a number of factors to be weighed in these cases: type of drug, quantity, how the arrest occurred, etc.
In many cases a good defense lawyer can get the case reduced to simple possession, allowing the client to participate in a diversion program.
Of course, even better is getting the charges dropped. Another reason you’ll want the best lawyer you can find to represent you.
Under the Influence
A person can be charged with being under the influence even without any drugs in their possession.
Assuming the case can be proved in court, diversion programs are an easy option and a good attorney can make the entire process a very smooth one.
Loitering for the Purpose of Purchase or Sale
Just hanging out in areas where drugs are being sold can lead to an arrest. In most cases it takes more than just being in the wrong place at the wrong time but these arrests happen with a great deal of frequency.
This kind of case can be a challenge for the prosecutor to prove and a good reason to have a defense lawyer who is able to remind him of that.
Also, because of lesser penalties in this type of case, this is the kind of charge that a case of possession or even possession for sale might be reduced, too.
Deferred Entry of Judgment and Proposition 36
Deferred Entry of Judgment (DEJ) and Prop. 36 are both designed to give drug offenders a chance at treatment and rehabilitation rather than incarceration.
DEJ is the easier of the two programs, with typically a brief drug counseling program and a dismissal of the case 18 months later. Prop. 36 is a more arduous program but both lead to a clean record once they’ve been successfully completed.
When all else has failed, and a client is not eligible for either of the above programs there is a last hope: Drug Court.
Drug court requires a full-time commitment by the client to work through the program in order to graduate successfully. It is, however, better than jail.
Marijuana and Medical Marijuana
While marijuana is now legal in California, driving under the influence of any substance whether controlled or not is still a misdemeanor.
Also, legal consumption of marijuana is still strictly controlled regarding where and when one can use the product.
If you want someone who will fight for you, call me today: 310.994.7989