What Are the Common Types of Drug Cases That Your Firm Handles in Sacramento?
In Sacramento, simple possession is pretty common and possession for sales is becoming more so. As drug laws have become laxer, the district attorneys have started charging crimes as higher and higher offenses. What used to be considered a simple possession might now be charged as possession for sale so they can get a bigger penalty and make the case a felony. I’ve been seeing a big increase in possession for sales for relatively low amounts of drugs.
What Are Common Scenarios That Lead to People Being Arrested and Charged With Drug Offenses?
One common scenario that leads to arrest is somebody on probation or parole coming into contact with law enforcement. A search is done and drugs are located. A second scenario is somebody in close proximity to someone on probation or parole who is then stopped and searched; because the defendant was nearby, their stuff is also searched, which often leads to drugs being found. A third scenario involves domestic violence calls. The victim lets law enforcement into the house to search, they locate drugs, and then they add on a drug charge to a domestic violence case.
How Is a Drug Crime Determined to Be Charged as a Felony or a Misdemeanor Under California Law?
In California, a small amount of drugs intended for personal use is supposed to be treated as a misdemeanor. If you have a larger quantity of drugs, or items with the drugs that indicate that you may be selling, then it is charged as a felony for possession for sales.
What Are the Sentencing Guidelines in California for a Drug Charge Conviction?
Depending on the type of drug, you could be sentenced to 16 months in prison, maybe two to three years. The guidelines go all the way up to nine years for transportation between counties.
What Is Deferred Entry of Judgement or Diversion in a Drug Case in California? Is It Right for Everyone Facing Drug Charges?
Deferred entry of judgment means you enter a plea in your case and complete some type of program. Upon successful completion, your conviction could be dismissed. In diversion, the case is stayed. That means there’s no entry of plea; you complete some type of program, and at the completion of the program, the DA dismisses the charges. Those options are not available to all clients, but if they are available, they are both generally very good options.
What Are Potential Defenses That Can Be Effective in Defending Drug Charges?
Some defenses involve the amount of drugs, in that the amount doesn’t necessarily show intent to sell. Just because drugs are in your vicinity doesn’t mean that they are yours; you can’t always control what your roommates do. Other defenses involve the method by which law enforcement located the drugs: Was the search unlawful? If it is unlawful, then the discovery of the drugs goes away. Those can all be very good defenses while defending drug cases.
Of course, if a client has a serious drug problem and needs treatment, advising them to acknowledge the drug problem and seek help can sometimes get them into a diversion program or a situation involving delayed entry of judgment because they are showing that they want to get help and want to fix the problem, as opposed to continuing in that lifestyle.
How Does Your Background as a Police Officer Help Clients Charged With a Drug Offense in California?
My background as a police officer serves as a big help when I’m looking at these cases and how the officers write their reports. I can look at the charges and have a good idea of how the officer came to the stop, what they might be leaving out, what they were thinking, and how they’re perhaps trying to finagle an enforcement stop or make it look like a consensual encounter (when that is not really the case).
For more information on Drug Charges in the State of California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (866) 982-3230 today.
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