A drug and narcotic crime can be anything from simple possession to large scale drug trafficking. The most commonly prosecuted offenses, in addition to these two, are possession for sale, use or under the influence of a controlled substance, sale of controlled substance, and possession of drug paraphernalia.What Are the Consequences?
If you are being accused of being under the influence of or using a controlled substance, possession of drug paraphernalia (ie: syringe) or marijuana, you will be charged with a misdemeanor. If you are being accused of possession of methamphetamine, the D.A. has the power to charge you with a misdemeanor or felony depending on the weight of the substance found, the type of drug involved, and your prior criminal record. If you are being accused of any drug offense involving sale - possession for sale, offering to sell, or sale- then you will be charged with a felony. Each county has it's own drug policy and may take certain types of drugs more seriously than others.
The difference in consequences between simple possession and possession with the intent to sell are great. For example, whereas a person facing simple possession may face 2-3 years of court probation and days in jail, a person facing possession with intent to sell may face 2-5 years of formal probation with months or years in county jail or prison. Other common terms of probation for drug and narcotic offenses include a search condition, registration as a drug offender, no weapons or guns, drug laboratory fee, and court fines and fees.What Diversion Programs Are Available?
If you are a non-violent drug offender, you may be able to substitute jail time with drug treatment. There are two different state wide programs that you may be eligible for- PC 1000 ("DEJ") and Proposition 36 ("Prop 36"). A primary difference is that the DEJ program only requires about five to six months of classes and drug testing followed by twelve (12) months of informal probation; whereas, the Prop 36 program can last about three years and requires more serious treatment, testing and counseling. In addition to these programs, there are often county specific drug treatment programs that aim to divert offenders away from the criminal justice system towards treatment.How We Can Help You
If you want to win your drug case, Lavy Law is the best law firm to help you. As a trial attorney who has tried drug possession, drug sales and drug DUI cases with every kind of defense, we know how to win your case before a judge or jury. As a former prosecutor who has worked on a multitude of drug cases, we have insider's knowledge on how to get your charge reduced or dismissed. In fact, we have worked as a prosecutor in Stanislaus county, home of large scale methamphetamine laboratories. As a counselor at law who has helped many drug addicts through connecting them with free community resources, we know how to empower you successfully complete a drug treatment program like a coach would during a game.
We encourage you to view our Recent Cases to see that we have won a case just like your own.
If you are being accused of a drug or narcotic offense, Contact Us right away for a free consultation.