Solana Beach Drug Crime Defense Lawyers
Although some drug penalties aren’t as strict as they once were, you can still go to jail in California for having drugs or being under the influence. Penalties become more severe for selling, transporting, or possessing drugs with the intent to sell them.
No matter what type of drug charges you are facing, having the right Solana Beach defense attorney can make a big difference in the type of sentence you receive. Call jD Law Criminal Defense Attorneys at (760) 630-2000 for free case evaluation today.
Drug charges can be very complicated depending on the type of drugs, the quantity, a past criminal record, and whether or not minors are involved. A drug conviction can affect your immigration status, your right to own guns, and your ability to maintain a professional license.
It’s essential to have a knowledgeable attorney at your side if you are facing any type of drug charges. At jD Law Criminal Defense Attorneys, we will seek to have your charges dismissed or achieve an acquittal if your case goes to trial. Your attorney may be able to arrange a plea bargain to get you in a drug diversion program that includes testing, drug education, and counseling instead of jail time.
Possession of drugs is typically a misdemeanor, that carries penalties of up to a year in jail plus fines up to $1,000. Diversion may be an option if you have been charged with possession, especially for first time offenders. Other types of convictions where the court may allow the for diversion instead of jail time charges include being under the influence of drugs or having a forged drug prescription.
Whether you are facing felony or misdemeanor charges, drug penalties can be severe. Some of the more common types of drug charges that our clients face include:
- Possession. For a first offense, possession carries penalty of up to a year in prison and a maximum fine of $1000.There’s a good chance you will be eligible for a diversionary program if there are no additional charges.
- Under the influence is punishable by up to a year in county jail. Your attorney may be able to arrange for summary probation. If so, you will be supervised directly by the court to show compliance and you may have to perform community service or fulfill other requirements.
- Possession with intent to sell. You may be able to qualify for probation or diversion if it’s a first offense, but this is a felony that is punishable by up to four years in jail and a maximum fine of $20,000. Factors that may be used to prosecute include the possession of scales, cash, small bags, and larger quantities. Frequent short-duration visits to your residence may also be an incriminating factor.
- Possession of a controlled substance while armed. This is a felony offense punishable by up to 4 years in jail and a maximum fine of $10,000. You may also receive a lifetime ban on owning or possessing firearms and you may be forced to disclose your conviction when asked on future job applications.
- Sale or transportation. This is a felony punishable by up to six years in jail and a maximum fine of $20,000. Penalties are increased if minors are involved, if you sell drugs near a school, treatment facility or homeless shelter, or if you transport drugs across two or more county lines.
The type of penalties you may receive for a drug conviction is affected by the schedule that a particular drug belongs to. A schedule is a category based on how harmful they drug may be and its potential for abuse. California’s Health and Safety Code schedules drugs on a scale from one to five, from most harmful to least harmful.
Schedule I drugs have no medical use and present a dangerous risk, including: Heroin, peyote, LSD, PCP, and cocaine base which is processed to be smoked.
Schedule II drugs have a high risk of dependency, addiction, and abuse, including: Amphetamines, methamphetamines, fentanyl, opium, Ritalin, Adderall, Codeine, OxyContin Morphine, cocaine, and Vicodin.
Schedule III drugs have a likelihood of creating an addition for people who use them on a regular basis, including: Steroids. Ketamine, testosterone, and Nalorphine.
Schedule IV drugs have a potential for addiction even though they are accepted for medical use, including: Ativan, Ambien, Xanax, and Tramadol.
Schedule V drugs are the least severe and least likely to cause addiction, including: Many cough medications containing low codeine concentration, Lomotils, Motofen, and Buprenorphine.
Drug laws are very complicated. That’s why you need experienced, knowledgeable legal assistance when facing any type of drug charges.
At jD Law Criminal Defense Attorneys, our founding partner James N. Dicks has years of legal experience, and we’ve successfully handled hundreds of drug cases. Contact us right away at (760) 630-2000 and schedule a free consultation to discuss your options.
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