DRUG POSSESSION CRIMINAL LAWYER LOS ANGELES
Possession of Cocaine, Heroin and other opiates:
Drug Possession Case Aggressive Criminal Defense Attorney Los Angeles Pasadena Glendale Burbank LAX
Is diversion under Penal Code 1000 available for a charge of possession for sale of drugs in California state courts?
es, diversion under Penal Code 1000 is available for a charge of possession for sale of drugs in California state courts. However, there are some restrictions on who is eligible for diversion.
To be eligible for diversion, you must:
– Be charged with a low-level drug offense
– Not have a prior conviction for a drug offense
– Not be currently on probation or parole
– Not be addicted to drugs
– Not have any outstanding warrants
If you meet these requirements, you can apply for diversion. The court will then decide whether to approve your application. If your application is approved, you will be placed on probation and required to complete a drug treatment program. If you successfully complete the program, your charges will be dismissed.
Diversion is a good option for people who are facing drug charges for the first time. It allows you to avoid a conviction on your record and get the help you need to overcome your drug addiction.
What are the penalties for possesion of narcotics in California?
Cocaine is illegal to possess under California Health and Safety Code 11350. Possession under HS 11350 can be prosecuted as a misdemeanor or felony with up to 3 years in prison. In practice, those charged with cocaine possession will in most cases be given an opportunity to plead guilty and receive no jail time under PC 1000, Prop 36, or felony supervised probation. People with prior records and especially those with prior drug possession records will often be given small jails terms such as 30, 90, or 180 days, along with felony probation. If you intended to sell the drugs that were in your possession, you could be charged with possession of drugs for sales.
Possession of LSD, Ketamine, MDMA (ecstasy), Amphetamine, methamphetamine and dimethylamphetamine :
LSD and MDMA (ecstasy), as well as Amphetamine, methamphetamine and dimethylamphetamine, are illegal for possession under Health and Safety Code 11377. Ketamine is illegal under Health and Safety Code 11377 HS. It is a misdemeanor to possess and punishment includes 6 months in jail and up a $1,000 fine.
Defenses to Simple Drug or Marijuana Possession
Drug possession refers to the possession of a useable quantity of narcotics either on one’s person or in the area of his immediate control. For instance, simple drug possession may be charged if drugs are found in your pocket or your purse. Also, if you have been legally stopped for a traffic violation and drugs are in plain view of the officer in the glove compartment, you can be arrested and charged with drug possession. Finally, if your home is being searched based on a valid warrant or if the police are on your property to conduct an investigation and find drugs in plain view, you may be arrested for drug possession.
In California, and most Los Angeles county courts, proposition 36 and PC 1000 Diversion Programs may not be a defense but are proper ways of dealing with a drug possession charge. With the help of a Defense Attorney in Los Angeles, you may present a defense to a narcotics or drug possession charge if you had no knowledge that drugs were present on your person. You may also have a defense if you were not actually in possession of the drug found. For instance, if a passenger in your vehicle carried the drugs without your knowledge or permission, you may have a valid defense.
If the police searched your car or home with a valid warrant, you may also challenge the legality of the search. Your attorney normally files a “Motion to Suppress” evidence under your Fourth Amendment Constitutional rights. A successful motion will result in dismissing all the charges against you. In a drug case, sometimes your vehicle is confiscated. Your attorney needs to file a Motion for the return of your property.
Possession for sale of drugs is a much more serious crime. For more information, please go to “Possession for Sale”.
Criminal prosecution can affect your health, freedom, employment, and social life. You need help and you need the best criminal defense you can get. At the Law Offices of Tony M. Seyfi, with the state of the art computerized legal research tools and forensic techniques, we will focus on identifying the defenses you may have and will develop numerous challenges to any crime possible.
Our goal is victory for our clients and to keep them from going to jail, and we are confident of our defense strategies.
