Possession of a Controlled Substance
Possession with Intent to Sell
Drug Sales / Drug Trafficking
Defending Drug Crimes
According to California law, a drug crime is a criminal act involving the use, possession, or sale of an illegal controlled substance. Illegal controlled substances include: marijuana, heroin, LSD, cocaine, methamphetamines, and unauthorized prescription drugs.
Drug crimes may be considered a misdemeanor or a felony and can be charged in state or federal court depending on where and how the drug offense occurred. The classification of the drug charge depends on the type of drug possessed, the purpose of the possession, and the amount of drug possessed.
Justice demands a fierce defense.
Debra S. White
Drug Crime Penalties
The legal penalties associated with a drug crime conviction can be severe and include years in prison, rehabilitation programs, fines and fees. With the help of an experienced criminal defense attorney, alternative sentencing is possible for certain drug offenses.
Alternatives to jail include the following:
• Electronic Monitoring or House Arrest
• City Jail
• Work Release
• Work Furlough
• Sober Living
• Drug Court
• DEJ – Deferred Entry of Judgment Program
• Proposition 36 Program
• Other Alcohol or Drug Rehabilitation Programs
Federal Possession & Trafficking Penalties
The penalties for federal drug possession, federal drug trafficking, and other drug related offenses such as drug manufacturing, and drug transportation are much more severe than state court penalties and can result in several years, or up to life in federal prison. The length of prison sentence for defendant’s convicted of a federal drug crime is calculated based upon a number of factors set forth in the United States Federal Sentencing Guidelines. Several common factors include:
1) the nature of the charge;
2) the classification of drug or drug schedule;
3) drug quantity
4) whether a weapon was involved; and
5) the defendant’s prior criminal history.
Only a criminal defense attorney experienced in federal court should be considered to defend against federal drug charges because of the complexity of federal drug laws and federal court process.
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