Although drug charges are not serious in the same way felony assault or murder are, they can nevertheless be serious, leading to harsh consequences if convicted. Our attorneys have a wealth of experience dealing with such matters. We know that right or wrong, many people use drugs, and while some sell it, the laws of our state can lose touch with the reality that not everyone arrested for a drug related charge is a dealer, gangbanger or other derogatory label given to such individuals. That is merely the reality of the situation.
Section 11350 of the California Health and Safety Code is a law that prohibits individuals from possessing a number of drugs. One of these drugs is Marijuana. While you may be arrested for possessing the drug, try to despair. Possession of this drug is a common charge, and there can be a number of credible defenses against such charges. For instance, if you have a medical condition for which you have been prescribed the drug, that matters to us and it can matter in a court of law. Possessing medically prescribed drugs, provided that they are yours, and are in legal doses, is legal. However, possession for prescription drug possession outside of the legal parameters can impose especially harsh penalties under our current system. Additionally, because of the nature of drug laws and the now decades-long War on Drugs, you may not only have to contend with state criminal charges but also federal charges.
As such, having qualified legal counsel is imperative to protecting your rights and ensuring a good defense. There are many instances in which probation can be handed down as a sentence, if convicted, as opposed to jail or prison time. In instances such as these, having knowledgeable representation such that our firm can provide is imperative. There are even instances where cases can be dismissed on account of deficiencies with arrests, investigations, and to go to the beginning of a criminal matter, the probable cause to approach you in the first place, especially if your charge stemmed from a traffic stop. The truth of the matter is also that each drug case is different. No two are the same even when the charges are identical. Keep this in mind, because information that you recall, even things to seem to be trivial, can matter to your defense. Important factors such as whether you were legally or illegally searched, whether there was a warrant to search your property and the terms of that warrant, etc. are all important factors that ought to be discussed with counsel.
For cases where it is clear that the charged has mental health issues such as substance abuse issues, there is a greater likelihood that conditioned rehabilitation can be a punishment, so to speak. While rehabilitation is, of course, no punishment at all, it would be the consequence of being found guilty in some instances. Such a “punishment” helps not only society by treating individuals who are not bad actors but those with legitimate mental health issues to get the help they need, but also the accused who can personally benefit from help provided by psychiatric practitioners.