.<\/span><\/p>\nMarijuana Possession (HS 11357)<\/b><\/h3>\n
Marijuana possession is a unique California drug crime because it is classified as a “wobbler,” which means that it can be charged as an infraction or a misdemeanor drug crime. Possession of marijuana is illegal unless you have a valid medical marijuana prescription or card at the time of police contact.<\/span><\/p>\nMarijuana Possession of Under 28.5 oz [HS 11357 (b)]\u00a0<\/b><\/h4>\n\n- A $100 fine\u00a0<\/span><\/li>\n
- A drug education class or program ordered by the court<\/span><\/li>\n
- There is no criminal record<\/span><\/li>\n<\/ul>\n
Marijuana Possession of Over 28.5 oz [HS 11357 (c)]<\/b><\/h4>\n\n- A county jail sentence of up to 6 months\u00a0<\/span><\/li>\n
- A $500 fine<\/span><\/li>\n
- Summary probation<\/span><\/li>\n
- Labor or community service<\/span><\/li>\n
- A drug education program ordered by the court<\/span><\/li>\n
- Criminal record<\/span><\/li>\n<\/ul>\n
Concentrated Cannabis Possession [HS 11357 (a)]<\/b><\/h4>\n\n- Maximum sentence of three years in California State Prison\u00a0<\/span><\/li>\n
- A $500 fine\u00a0<\/span><\/li>\n
- Summary or formal probation<\/span><\/li>\n
- Labor or community service<\/span><\/li>\n
- A drug education program ordered by the court<\/span><\/li>\n
- Criminal record<\/span><\/li>\n<\/ul>\n
Cocaine Possession (HS 11350)<\/b><\/h3>\n
Possession of cocaine for personal use is now a misdemeanor drug crime. However, it can still be charged as a felony if certain aggravating factors exist, such as a prior serious felony record or status as a registered sex offender.\u00a0<\/span><\/p>\nCocaine possession is prosecuted aggressively in California because it is one of the most highly addictive controlled substances. The punishment can be enhanced if you are charged with cocaine and a loaded firearm.\u00a0<\/span><\/p>\nAlthough our skilled drug penalties attorney in Ventura, CA, can negotiate drug diversion to resolve your drug case, if convicted of simple possession of cocaine, you face the following penalties:<\/span><\/p>\n\n- Up to one year in county jail (Misdemeanor) or three years in California state prison (Felony)<\/span><\/li>\n
- Up to $1,000 fine for the first offense or $2,000 fine for the second offense<\/span><\/li>\n
- Summary or formal probation<\/span><\/li>\n
- Labor or community service<\/span><\/li>\n
- A drug education program ordered by the court<\/span><\/li>\n
- Criminal record<\/span><\/li>\n<\/ul>\n
Felony Cocaine Possession With a Loaded Firearm (HS 11370.1)<\/b><\/h4>\n\n- In California State Prison for four years<\/span><\/li>\n
- Formal probation<\/span><\/li>\n
- Labor or community service<\/span><\/li>\n
- A drug education program ordered by the court<\/span><\/li>\n
- Loss of gun ownership rights<\/span><\/li>\n
- Criminal record<\/span><\/li>\n<\/ul>\n
Heroin Possession (HS 11350)<\/b><\/h3>\n
Heroin is classified as a Schedule I Drug under the California Uniform Controlled Substances Act due to its high potential for abuse and significantly higher potential for psychological and physical dependency.\u00a0<\/span><\/p>\nIn California, heroin possession and possession of paraphernalia are both diversion-eligible drug offenses, whereas heroin possession with intent to sell or distribute is not. If you are charged with simple possession of heroin, you will face the following penalties:<\/span><\/p>\n\n- One year in county jail (Misdemeanor) or three years in California state prison (Felony)<\/span><\/li>\n
- Up to $1,000 fine for the first offense or $2,000 fine for the second offense<\/span><\/li>\n
- Summary or formal probation<\/span><\/li>\n
- Labor or community service<\/span><\/li>\n
- A drug education program ordered by the court<\/span><\/li>\n
- Criminal record<\/span><\/li>\n<\/ul>\n
“Meth” Possession (HS 11377)<\/b><\/h3>\n
Methamphetamine, also known as “Meth,” is classified as a dangerous Schedule II Drug due to its high potential for abuse and psychological and physical dependence. Drug charges involving “Meth” account for a significant portion of all drug crimes in Californi<\/span><\/p>\nIf you have been arrested for simple first-time possession of meth, you are likely eligible for a drug diversion program, which, if completed successfully, will allow you to avoid jail time and a criminal record. If you are arrested for Meth possession, you will face the following penalties:<\/span><\/p>\n\n- One year in county jail (Misdemeanor) or three years in California state prison (Felony)<\/span><\/li>\n
- A $1,000 fine is possible<\/span><\/li>\n
- Summary or formal probation<\/span><\/li>\n
- Labor or community service<\/span><\/li>\n
- A drug education program ordered by the court<\/span><\/li>\n
- Criminal record<\/span><\/li>\n<\/ul>\n
Prescription Drugs Without Prescription Possession (BP 4060)<\/b><\/h3>\n
Prescription medication abuse has skyrocketed in the last two decades. However, if you are a registered sex offender or have prior serious felony convictions on your criminal record, you may be charged with a felony. If you are charged with BP 4060, you face the following penalties:<\/span><\/p>\n\n- One year in county jail (misdemeanor) or three years in California state prison (Felony)<\/span><\/li>\n
- A $1,000 fine\u00a0<\/span><\/li>\n
- Summary or formal probation<\/span><\/li>\n
- Labor or community service<\/span><\/li>\n
- A drug education program ordered by the court<\/span><\/li>\n
- Criminal record<\/span><\/li>\n<\/ul>\n
What Are the Federal Penalties for Drug Trafficking?<\/b><\/h2>\n
The number of drugs involved, whether or not the use of these drugs caused injury or death, and a few other factors determine federal penalties for drug trafficking. Federal penalties range from <\/span>5 years to life in prison<\/b>, as well as fines that typically range from <\/span>$5 million to $20 million<\/b> but can be less depending on the substance trafficked and its classification on the Federal Drug Classification Schedule.<\/span><\/p>\nWhat Are the Possible Consequences of a Possession of a Controlled Substances Conviction?<\/b><\/h2>\n
Possession of any Schedule Drug is a misdemeanor crime punishable by up to a year in prison under <\/span>Proposition 47<\/b>. However, not everyone is eligible for these misdemeanor charges. Proposition 47 applies only to people who are not registered sex offenders and have no prior convictions for other serious violent crimes, such as murder.\u00a0<\/span><\/p>\nDefendants who do not qualify may face misdemeanor or felony charges, depending on the drug and the amount in possession. Some of these charges could result in years in prison. However, jail time is not the only consequence of a drug conviction. A criminal record for Possession of a Controlled Substance may make it difficult to:<\/span><\/p>\nJob Seeking<\/b><\/h3>\n
Finding a job when you have a conviction is difficult. You may be required to submit to a background check, which may reveal a conviction. You also cannot obtain a security clearance to work for the government.<\/span><\/p>\nApartment Renting<\/b><\/h3>\n
A landlord may refuse to rent to you if a background check reveals a conviction.<\/span><\/p>\nFinancial Assistance for College<\/b><\/h3>\n
You may be unable to receive financial aid for college or university if you have a drug conviction. If you are a student, this could even prevent you from graduating.<\/span><\/p>\nCustody Cases<\/b><\/h3>\n
When granting custody of your children, a judge may look unfavorably on a drug conviction.<\/span><\/p>\nImmigration<\/b><\/h3>\n
Certain convictions can result in the revocation of a visa or green card. Deportation may result from a felony conviction.<\/span><\/p>\nUnfortunately, there are numerous other possible outcomes. Our knowledgeable drug penalties attorney in Ventura can tell you exactly what charges you may face and work to reduce them.<\/span><\/p>\nWhen Can Drug Charges in California Be Drop?<\/b><\/h2>\n
Our skilled Ventura <\/span>drug defense attorney<\/span><\/a> can assess the facts of your case and determine whether you have grounds to have your drug charges dropped. This, however, is not always possible. We must demonstrate that one or more of the following circumstances apply to your case to have your drug charges dropped.<\/span><\/p>\nConstitutional Rights Violations<\/b><\/h3>\n
Anyone detained in the United States on suspicion of a crime has constitutional rights. If the officer who arrested you violated your rights, the charges against you might be dropped. Following are some common examples of constitutional rights violations during drug possession arrests:<\/span><\/p>\n\n- The arresting officer did not read the defendant’s Miranda rights.<\/span><\/li>\n
- The defendant was not informed that anything said in court could be used against them.<\/span><\/li>\n
- During questioning, the police did not allow the defendant to have an attorney present.<\/span><\/li>\n
- After hiring an attorney, the defendant was questioned without one.<\/span><\/li>\n<\/ul>\n
Absence of a Probable Cause<\/b><\/h3>\n
The foundation of any criminal case is probable cause. Without it, any police evidence gathered could be thrown out of court. Before stopping, searching, or arresting you, the arresting officer must show that they had reasonable grounds to believe you had committed a crime.\u00a0<\/span><\/p>\nOur proficient drug penalties attorney in California can look into the specifics of your arrest to see if your drug possession charges can be dropped due to a lack of probable cause.<\/span><\/p>\nEvidence of Legal Possession<\/b><\/h3>\n
If you were arrested for prescription drug possession because you did not have proof of a prescription, providing that proof may result in the charges being dropped. Another example would be if you went to pick up a prescription for a family member or friend and were arrested while transporting it to them.\u00a0<\/span><\/p>\nIn either case, demonstrating that the drugs were prescribed and that you were legally permitted to possess them may result in the charges being dropped.<\/span><\/p>\nIllegal Stops and Searches<\/b><\/h3>\n
We can investigate your case to see if the evidence against you was obtained during an illegal police search or stop. For example, if an arresting officer stopped you based on racial profiling rather than probable cause, the stop could be challenged, and the charges against you dismissed by a judge.<\/span><\/p>\n