Drug possession charges are a serious matter. Let me help. In California, drug possession can be either a misdemeanor or a felony offense. But it is a serious matter because you can also be charged with transportation or selling a controlled substance, crimes which carry even stiffer penalties. In building your defense, we will focus on what happened during search and seizure. If any evidence was illegally obtained, we find out and get that evidence thrown out. Not every lawyer has search and seizure experience. You need an experienced San Diego drug possession attorney from the Law Offices of Elliott N. Kanter. It’s your future. Call the Law Offices of Elliott N. Kanter for a no-cost, no-obligation consultation.
COMMON DRUG MISDEMEANORS AND FELONIES EXPLAINED BY SAN DIEGO ATTORNEYS
The type and amount of the drug in question helps determine if the crime is charged as a misdemeanor or felony. We will focus on determining if any evidence was illegally obtained.
Marijuana – Misdemeanor if you’re caught with a small amount. Large amounts may be charged as a felony if the intent to sell can be proven.
Heroin, Ecstasy, or Cocaine – Felony. Penalties for possessing large amounts include a mandatory minimum one year in prison.
Methamphetamine, Crack, GHB, and Prescription Drugs Such as Codeine or Vicodin – Felony. Most likely time in prison as well.
WHAT IS POSSESSION OF A CONTROLLED SUBSTANCE IN CALIFORNIA? AN ATTORNEY ANSWERS THIS COMMON QUESTION
Controlled substances include narcotics and illegal drugs such as cocaine and heroin, as well as prescription drugs such as Vicodin or Oxycontin. It is important to note laws regarding possession of a controlled substance do not apply to stimulants or marijuana, although there are laws that cover these drugs.
IS POSSESSION OF A CONTROLLED SUBSTANCE A MISDEMEANOR OR FELONY?
If you are found in possession of controlled substances, you will most likely face misdemeanor charges. Penalties for a conviction may include a year in county jail and a fine of up to $1,000. But, if this is your first offense, you may be eligible to receive a drug diversion program instead of prison time. This is never a guarantee, even if you have a completely clean criminal history, so you should never rely on this happening.
In some cases, possession of a controlled substance can be charged as a felony. This occurs when the defendant has a prior conviction for a serious crime, such as a sex crime, murder or manslaughter. If you are charged and convicted of a felony possession of a controlled substance, you may face up to three years in county jail.
SAN DIEGO LAW FIRM DISCUSSES POSSESSION OF MARIJUANA CHARGES
Medicinal marijuana is legal in California, but if you possess it and are not prescribed it, you may face criminal charges. Possession of less than one ounce of marijuana is usually an infraction, which is a charge below a misdemeanor. If you are charged with an infraction, you will only face fines and will not face any jail time if you are convicted. But, if you possess less than one ounce of marijuana on school grounds, the charge is bumped up to a misdemeanor instead of an infraction. At this point, you may face up to 10 days in jail as well as a $500 fine.
IS POSSESSION OF MARIJUANA A FELONY OR MISDEMEANOR?
When you are found in possession of more than one ounce of marijuana, you will face a misdemeanor charge of possession. If convicted, you could face up to six months in jail and a $500 fine. Just as with possession of controlled substance charges, you may also qualify for drug diversion programs if it is your first possession of marijuana charge. But again, this is never a guarantee, so it’s best to seek legal representation to fight these offenses in court.
SEEK HELP FROM A LAW FIRM IN SAN DIEGO FOR YOUR POSSESSION OF METHAMPHETAMINE CHARGES
It is illegal to possess methamphetamine without a prescription. “Simple” possession means the methamphetamine was for your use only and you had no intention to sell or distribute it to others. If you are convicted of a simple possession charge, you may face up to one year in county jail and a $1,000 fine. But, this possession charge can be bumped up to a felony if you have a prior serious felony conviction on your record, including a sex crime, murder or manslaughter. If you are convicted of a felony, you could face up to three years in jail.
Drug possession charges carry serious penalties that could affect you for years to come. If you have been charged with possession of a controlled substance, methamphetamine or marijuana, speak to an attorney immediately. A skilled attorney can help you understand the legal process and the options available to you so you can make the best choice to protect your future. Call the Law Offices of Eliott N. Kanter today or visit our website to fill out an online form and schedule your free legal consultation.
HOW SKILLED LAWYERS CAN DEFEND YOU AGAINST DRUG POSSESSION CHARGES IN SAN DIEGO
What can happen in a drug possession case? You just have to be in possession of the narcotic to be charged. You don’t have to be using, selling, or under the influence of the drug. In fact, the drug doesn’t even need to be on your person when you are arrested; it can be in your car or house. You could face up to 3 years in a state prison.
What an experienced attorney can do for you: An attorney with the Law Offices of Elliot N. Kanter is familiar with legal and illegal search and seizure. We will look at reducing the charges or getting them thrown out due to illegal search or violation of your rights by law enforcement officials. Some errors in the prosecution’s case may include:
Fourth Amendment violations
Warrants issued without probable cause
Wiretapping and other illegal surveillance
Miranda Rights warnings omitted, abridged, or defied by police and prosecutors
Statements and evidence illegally obtained or improperly allowed at trial
CONTACT TOP SAN DIEGO LAW FIRMS IMMEDIATELY AFTER YOU ARE CHARGED WITH DRUG POSSESSION
The first thing to do: Call a San Diego criminal defense attorney. There’s so much at stake when you are charged with a drug offense that you will need a defense lawyer who is willing to aggressively fight the drug charges. Our attorneys have over 30 years of experience defending clients in criminal law cases in San Diego County. Some of our many practice areas include DUI, probation violations, juvenile offenses, assault and battery, white collar crimes, theft crimes, elder abuse, fraud, domestic violence, sex crimes, and drug crimes, including the manufacturing, trafficking or possession of a drug. So don’t hesitate to contact the Law Offices of Elliott N. Kanter by phone or email at firstname.lastname@example.org for a no-cost, no-obligation consultation today. Come to our law firm as soon as possible after an arrest for a consultation where we will give you legal advice, answer your questions, discuss the potential consequences of your charges, and go over a number of possible legal defenses. Tell our lawyers your side of the story, and together we’ll get started.