If you’re charged with a drug crime in California, the penalties you face are influenced by several factors. These include which drug you were arrested for possessing, the amount of the controlled substance you possessed, whether you were in possession with intent to sell or distribute, and your prior criminal history.
If you’ve been arrested for a drug charge in Carlsbad, you deserve competent, knowledgeable, and experienced expert criminal defense representation to help you get through this challenging time. Connect with the Carlsbad drug crimes attorneys at Simmrin Law Group for a free consultation.
Common Drug Crimes
One of the most common drug charges is possession of a controlled substance. Each type of drug crime carries a different weight and has a variety of punishments. Although this is not a complete list of drug crimes that attorneys defend against, these are some of the most common types of drug crimes prosecutors tend to charge:
- Drug trafficking
- Being under the influence of drugs
- Drug distribution
- Possession with intent to sell
- Transportation of drugs
- Importation of drugs
- Manufacturing or cultivation of drugs
These drug charges are usually the ones involving illegal drugs, including narcotics, crack cocaine, heroin, cocaine, marijuana, methamphetamines, prescription drugs such as OxyContin and Vicodin, and ecstasy.
You don’t even need to sell drugs to be charged with selling drugs or drug possession. Certain police officers have been known to allege the sale of drugs just because there is a large amount of drugs involved and/ or the drugs that are found are packaged separately.
For a free legal consultation with a drug crimes lawyer serving Carlsbad, call (310) 896-2723
Penalties for a Drug Crime Conviction
The number and kinds of illegal drugs involved can determine the seriousness of the charges. Depending on the evidence found by police, a drug offense might be a misdemeanor or a felony.
Penalties for a drug crime conviction can be serious and can include fines, jail time, prison time, revocation of one’s driver’s license, the seizure of assets, probation, drug treatment, and having to register as a narcotics offender. This is why you must hire an experienced drug crimes lawyer right away.
Marijuana
A Carlsbad drug crimes attorney can negotiate drug diversion to resolve your drug case. But if convicted of possession of marijuana, you can face the following penalties, according to California Health Safety Code (HSC) §11357:
- Possession of under 28.5 oz of marijuana (infraction)
- Up to $100 fine
- Court ordered drug education class or program
- No criminal record
- Possession of over 28.5 oz of marijuana (misdemeanor)
- Up to six months in county jail
- Up to $500 fine
- Summary probation
- Community service/labor
- Court ordered drug education program
- Criminal record
- Possession of concentrated cannabis (misdemeanor or felony)
- Up to one year in county jail (misdemeanor) or up to three years in California State Prison (felony)
- Up to $500 fine
- Summary or formal probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Cocaine
The possession of cocaine for personal use is considered a misdemeanor drug crime, however, it can still be charged as a felony if certain aggravating circumstances exist such as a prior serious felony record or a status as a registered sex offender. If convicted of simple possession of cocaine, you may face:
- Up to one year in county jail (misdemeanor) or up to three years in California State Prison (felony)
- Up to $1,000 fine (1st offense) or $2,000 fine (2nd offense)
- Summary or formal probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Felony possession of cocaine with a loaded firearm (HSC §11370.1):
- Up to four years in California State Prison
- Formal probation
- Community service/labor
- Court ordered drug education program
- Loss of firearm ownership rights
- Criminal record
Heroin
Heroin is classified as a Schedule I drug due to its high potential for abuse and dependency, therefore drug charges in Carlsbad are not taken lightly and are prosecuted aggressively.
If you qualify, your criminal defense lawyer can negotiate drug diversion for you, which would result in you avoiding jail time and a criminal record. You face the following penalties if charged with simple possession of heroin:
- Up to one year in county jail (misdemeanor) or up to three years in California State Prison (felony)
- Up to $1,000 fine (1st offense) or $2,000 fine (2nd offense)
- Summary or formal probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Methamphetamine
Defined as a dangerous Schedule II drug for its high potential for abuse and psychological, and physical dependence, drug charges involving methamphetamine, or “meth,” represent a significant portion of the drug crimes in Carlsbad. The following punishments are what you face if arrested for possession of meth:
- Up to one year in county jail (misdemeanor) or up to three years in California State Prison (felony)
- Up to $1,000 fine
- Summary or formal probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Possession of Prescription Drugs Without a Prescription
Possession without a valid prescription of drugs such as oxycodone, hydrocodone, and other opium-derived pain relievers, and many anti-anxiety meds such as Xanax and Adderall, are prosecuted as a misdemeanor.
However, these charges can be increased to a felony depending on prior convictions. According to BPC §4060, you may be facing the following repercussions:
- Up to one year in county jail (misdemeanor) or up to three years in California State Prison (felony)
- Up to $1,000 fine
- Summary or formal probation
- Community service/labor
- Court ordered drug education program
- Criminal record
Carlsbad Drug Crimes Lawyer Near Me (310) 896-2723
Prosecution’s Defense Against Your Drug Charges
In order for the prosecution to prove that you are guilty of a drug charge in California, they must demonstrate beyond a reasonable doubt that:
- The substance in question is a controlled substance
- You unlawfully possessed the controlled substance (that is, it is always illegal or you did not have a proper prescription from a doctor)
- You knew of the presence of the controlled substance
- You knew the substance was a controlled substance
- You possessed a usable amount of the drug
Your drug crimes lawyer in Carlsbad will have evidence and points to combat these statements so that your charges can be reduced, or even dropped.
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What It Means if You Were Charged With Possession of a Controlled Substance
While most people assume that you must be holding the drugs to be charged with possession of a controlled substance, law enforcement can charge you with possession in three ways.
- Actual possession: The drug is physically on your person, such as in your pocket.
- Constructive possession: This is less clearly defined, but it’s typically when the drug is somewhere you could easily access it, such as in your car, at your residence, or in another place (for example, a gym locker).
- Joint possession: An extension of both actual and constructive possession, where two people have ownership of a drug. Usually this occurs when a drug is found in a shared space and both parties have constructive possession.
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A Carlsbad Drug Crimes Lawyer Can Fight Against Your Charge
If you’ve been arrested for a drug charge, there are a number of ways that a drug crimes lawyer in Carlsbad will be able to help you fight the charges. In some cases, they can even get the charges dismissed. Some common strategies include arguing that:
- You had a valid prescription
- The substance was not a controlled substance
- You were unaware of the presence of the drugs
- The controlled substance belonged to another person
- The search and seizure that revealed the drugs was illegal
- The drugs in question were never under your control
Remember, however, just because you are arrested for a crime doesn’t mean that your guilt can be proven or that you are even guilty. There are defenses that your criminal defense attorney can come up with. Search and seizure issues might even be a factor in determining your guilt or lack thereof.
Contact the Simmrin Law Group in Carlsbad and Talk to an Attorney Right Away
Every drug case is unique therefore a defense that would be effective in one situation may not work for you. When you consult the experienced Carlsbad drug crimes attorneys at Simmrin Law Group, the facts and evidence of your case will be reviewed in order to determine which defenses and options may be best.
Consulting a drug defense attorney lets you better understand what to expect from your case and prepare an effective defense to fight the charges. Contact us today for your free consultation.
Call or text (310) 896-2723 or complete a Free Case Evaluation form