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Drug Possession Attorney Los Angeles
Drug crimes are prosecuted very harshly all over California. However, the criminal laws in California draw a very important distinction between drug possession crimes and drug sales, transportation, and cultivation crimes. Fortunately, for those who have been charged with a simple drug possession charge only, there are many sentencing alternatives available to county jail or prison time which include: Deferred Entry of Judgment, (DEJ) Proposition 36, and/or Drug Court.
Common Drug Possession Cases
Simple Drug Possession is most often charged when there is only a small quantity of narcotics found on, or under the control, of the defendant and there are no other indicia of an intent to sell, transport, or cultivate the narcotics. The most problematic drug possession cases occur when a defendant is pulled over with the narcotics in his or her vehicle because the prosecution tends to also add a charge for transportation of narcotics which results in potentially more severe penalties.
Sentencing Alternatives for Drug Possession Cases
If you have been charged with drug possession, even as a felony, you may be eligible for alternative sentencing such as Deferred Entry of Judgment, (DEJ) Proposition 36, or Drug Court. Examples of some drug offenses which may qualify: Health & Safety Code §11350, §11357, §11364, §11365, §11377, or §11550 violations. The benefit to qualifying for a DEJ, or Prop 36 program, is that the successful completion of a DEJ or Prop 36 program, results in a complete dismissal of the arrest, and the drug charges against you.
Some factors which determine whether you are eligible for rehabilitation, and a drug treatment program, instead of jail or prison time, include:
DEJ or Diversion
- lack of prior convictions for narcotics offense
- current offense is not charged as a violent crime
- probation or parole has not been revoked in the past without completion
- no other offenses charged in the same case that are non-drug related
- defendant has not already completed DEJ or diversion, or been terminated from DEJ or diversion, within 5 years prior to instant offense
- no felony convictions within 5 years prior to instant offense
Proposition 36 (“Prop 36”)
- current charge is a nonviolent drug offense
- current charge is a possession offense (not drug sales or transportation—although see drug sales page for “personal use” exception)
- defendant has no prior serious or violent felonies
- note: there are exceptions to this for defendants with a prior nonviolent felony where defendant has not been in jail or prison for 5 year prior to instant offense
- no misdemeanor or felony convictions unrelated to use of drugs in same case
- no deadly weapon involved
- defendant cannot refuse drug treatment
- defendant cannot have two prior separate convictions for nonviolent drug offenses where defendant has already participated in two courses of drug treatment, and was found unamenable to drug treatment
- defendant cannot have three prior non-drug-related felonies where he served prison time for each
Other Possible Penalties for Drug Possession
- state prison or county jail time
- felony on the criminal record
- formal probation period (checking in with a probation officer)
- random drug testing
- CALTRANS or other hard labor program
- court fees and fines
- registration as a narcotics offender with local law enforcement
Drug possession cases carry potentially disastrous consequences for your future. If you, or a loved one, needs help fighting a drug possession case, or has questions regarding eligibility for a drug treatment program, then consult with an experienced drug crimes attorney today at the Law Offices of Karen L. Goldstein: (888) 445-6313.