Fighting To Protect Your Rights And Interests
Protecting Your Rights When Charged With Drug Offenses
Drug offenses can range from simple possession to possession for sales. A conviction of a drug crime can make it difficult to get a job or even to find a place to live. Our goal is to either have the case dismissed in its entirety, or to get a reduction in charges to keep you out of prison.
Californians voted in November 2016 to allow for the legalization of recreational marijuana use for adults 21 and over. With this comes the ability to possess up to one ounce of marijuana, ability to grow up to six plants in an individual’s home, and you may give another adult, 21 or over, up to one ounce of marijuana.
However, there are restrictions which state that marijuana cannot be used in public, in a vehicle, or where smoking in general is not allowed. Marijuana plants cannot be cultivated in areas that can be seen from public view and the plants must be in a locked area. Possession of more than one ounce is still a misdemeanor.
With the passage of Proposition 64, people who were previously convicted for marijuana possession, possession for sale, transportation, or cultivation may petition the courts for a dismissal, or at least a reduction, of their conviction and sentencing.
Also, it is extremely important to note that people can still be charged with a DUI if they are driving while impaired by marijuana. However, this is something that we defend as well. A marijuana DUI is unlike an alcohol DUI because while alcohol has an objective measurement of .08% or higher being illegal, the levels of THC in a person’s blood does not have an objective measurement defined by the California legislature. Thus, we are able to attack the subjectivity of a marijuana DUI, or any drug DUI.
Californians voted in 2014 to pass Proposition 47 which made most non-violent drug offenses misdemeanors. Certain drug offenses such as ones involving violence or possession for sale may still be charged as a felony. However, with the passage of Prop 47, depending on the type and amount of illegal drugs, it is often classified as a misdemeanor.
Deferred Entry Of Judgment (Diversion) — Penal Code 1000 And Proposition 36 Under Penal Code 1210.1
If you are facing a drug possession and use charge, we may be able to help you keep a conviction off your record and even avoid time in custody. Depending on the circumstances of your charges, there are two programs available that allow you to enter a treatment program and, once completed, there is the possibility of your charges being dismissed. Deferred entry of judgment programs are not available for people charged with sales or manufacturing. Keep in mind that you cannot have prior convictions for drug possession and the crime cannot contain any elements of violence. There are some other limitations, but diversion is often an option for people.
Regardless of what type of drug offense you are charged with, we will work endlessly with witnesses and experts when necessary to give you the strongest defense available.
Contact Our Defense Attorney If You Are Facing Drug Possession Charges
Our lawyer can help build a strong defense against all types of drug offenses. Call us at 951-888-1574. You may also contact us online and we will be in touch with you as soon as possible. From our offices in Riverside, we provide legal counsel to people throughout Southern California.