Facing A Drug Charge In LA? Here is What You Need To Know

Despite recent legalizations for some substances, drug charges are all too easy to come by and remarkably hard to shake. This article dives into the most common drug charges in California, explaining what every citizen ought to know about their rights and what to do if they are facing a drug charge. It explains:

• What determines whether the drug charge will be a felony or a misdemeanor.
• The potential penalties you might face for the most common drug charges in California.
• Some defense strategies and alternative sentencing options a lawyer can help you pursue.

What Are The Most Common Types Of Drug Cases In California?

Despite what the movies and TV shows would have you believe, most drug charges do not involve suitcases full of cocaine or someone off of their mind on meth. The average Californian is, in fact, far more likely to be busted at a party with some recreational drugs in their pocket at a football party.

Such white-collar charges are, nevertheless, quite serious, and it is important to understand what consequences you can face.

What Determines Whether A Drug Charge In Pasadena Will Be A Misdemeanor Or Felony?

When dealing with drug charges, how serious they are and the penalties you face will largely be determined by the type of charge. A misdemeanor possession charge carries far fewer penalties than a felony conviction for trafficking.

The primary determinant of what you will be charged with, however, is the quantity of the drug you are found with. It used to be that any amount of heroin, cocaine, or other hardcore drugs would automatically be a felony. These days, however, even with most such drugs, quantity counts.

Law enforcement will try to assess whether you have enough to be selling it, as well as other factors like how it is stored. If they do believe you are selling, you will be facing a felony charge. If it is a small amount and clearly just for personal use, however, it will most likely be a misdemeanor possession charge.

What Are The Penalties For Misdemeanor And Felony Drug Convictions In California?

Depending on the drug charge leveled against you and how many you have had in the past, you will be facing fines and possible prison time.

If you are facing felony possession for sale, your record will often heavily influence the penalty. The amount of drugs and the scale of the operation will also have an impact on prison time.

The exception might be Marijuana, where you can have a whole ton, and even though it is clearly not for personal use, you might only get a charge for practicing a business without the proper license.

For misdemeanors, however, you might be able to get away with a lot less. There are a number of diversion programs available, for example, one in which attending drug classes and spending enough time without another drug charge will get the case dismissed.

What Is Drug Court? Is It The Right Option For Everyone?

Drug court is another type of diversion program, but it is not for everyone. If you successfully go through drug court, your case will end up being dismissed.

However, drug court is best for those who do not have any other options or who have exhausted all others. For example, if you have prior drug convictions. This is because drug court is intense and difficult. It is like going to a rehab or an intensive outpatient facility. It requires heavy monitoring, meaning you have a case worker who tests you, monitors you, and makes sure you are going where you are supposed to be going every day or every other day.

It is very rigid, though they do have a three-strikes option in drug court. They expect people to fall off of it but only give you three chances. Most people get tossed out of it once or twice and sometimes three times, so drug court should rarely be your first option. Drug court is for people who have no other options other than jail or prison.

However, it does have one thing going for it: at the end of it, if you succeed, then you get your case dismissed, just like other diversion programs.

What Are Some Viable Defenses To Drug Charges In California?

Diversion programs will not always be available, however, or you will have to negotiate to get into one, and that often requires some form of viable legal defense. Fortunately, for a skilled attorney, there are several options available, depending on the circumstances.

You could contest possession. For example, if it was found in your car, you can argue you did not put it there or were unaware of its presence, especially if it was under a passenger’s seat.

The other area where defenses come into play often is when fighting a sales charge. The business side of drugs is always more serious than the using side, after all. Here, the main defense is often arguing that the drugs are simply for personal consumption. This is easier if the police do not have evidence of sales such as separate packaging, wads of cash, a book with a list of your clients, or any other indication of drug sales.

Finally, in rare cases, some defendants will try to argue they did not realize the substance was a drug or an illegal one, but such defenses are tough to pull off.

In any case, it will be almost impossible to build a strong defense without a good lawyer to help you navigate the intricacies of California criminal law and negotiations with the prosecution. For more information on Handling Drug Related Offenses In CA, an initial consultation is your next best step.