Drug possession charges can arise from traffic violations, being caught in the wrong place at the wrong time, or from other criminal charges. The circumstances surrounding drug possession largely affect the seriousness of charges and sentencing. Whether your possession case is simple or part of a larger claim, the Riverside drug possession lawyers at the Law Offices of Graham D. Donath, APC, can help you protect your rights and your future.
Many people view drug possession as a minor crime. Depending on the type of drug, the amount, and the circumstances, it may be. However, simple possession can still lead to a misdemeanor conviction and end up on your permanent record. It can prevent you from finding gainful employment or obtaining licensing in the state. A qualified criminal defense attorney can help get minor charges dropped or reduce in more serious cases.
Not all drug possession has been changed, but several charges for simple possession of drugs are now considered a misdemeanor for most, but not all, people.
The following offenses have been modified:
Therefore, if you were arrested and charged with possession of Cocaine, Crack Cocaine (Cocaine base), Heroin, Peyote, GHB, Codeine, Vicodin, Concentrated Cannabis, Methamphetamine, Ketamine, PCP, or certain Steroids, your charges may now be automatically a misdemeanor by law.
For some people, however, these charges may still be charged as a Felony against certain individuals based on prior criminal history.
If a person has previously been convicted of several particular child molestation charges, Murder, Attempted Murder, Gross Vehicular Manslaughter while Intoxicated, Solicitation of Murder, Assault with a Machine Gun on a Peace Officer, or any serious or violent offence punishable in California by life imprisonment or death, or is required to register as a sex offender pursuant to Penal Code Section 290(c), then drug possession may still be treated as a Felony in California.
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Possession of marijuana or paraphernalia is a misdemeanor in the state. Possession of hard drugs such as heroin, meth, and cocaine may be a felony. Having prescription drugs without a valid prescription is also a felony. These charges can lead to extended prison sentences.
Being accused of drug possession can be scary, because the consequences vary from case to case. There may not be a universal consequence for the charges you face. With the right legal defense, that range of penalties can be a good thing. We may be able to:
The factors that will determine the outcome of your case include the amount of controlled substance in your possession, the drug’s classification (for example, cocaine is always more serious than marijuana), your criminal history, and the circumstances of evidence confiscation and arrest. Because there are so many defining factors in drug possession cases, there are numerous defense strategies that may prevent you from being convicted or from receiving unnecessarily harsh punishment.
In some cases, it is impossible for the prosecution to show that only one individual had possession of the controlled substance. If a vehicle with multiple people gets pulled over, for instance, it may be difficult to determine which individual (if any of them) was actually in possession of the drug. We may also prove that certain people had no knowledge of the drugs and cannot be held liable for the consequences.
At the Law Offices of Graham D. Donath, APC, we have a deep understanding of the drug laws and courts in California, which allows us to craft a strong defense strategy in the best interest of our clients. If you have been charged with possession, you can fight to protect your future, and we can help. We believe in the fair treatment of all individuals who enter the judicial system for drug-related crimes, and we work tirelessly to ensure our clients receive the best possible outcomes. Contact us any time of day or night to get started.