Providing An Aggressive Defense Against Drug Charges
Society divides drugs into two categories: medicinal and recreational. Most medicinal drugs are legal and most recreational drugs are illegal. However, there are a number of exceptions on both sides. Criminal defense attorney Russell Brown will identify legal defenses to your drug charges. Russell's goal is to obtain a dismissal, a reduction of your charges or an acquittal of your case at trial.
Fighting to Prove Your Innocence
If you believe you are innocent, you should request the services of the public defender or hire a private criminal defense attorney. Your attorney will be able to:
- Draft and file motions and other papers;
- Create and exploit weaknesses in the prosecution's case;
- Conduct a trial, including calling witnesses, cross-examining prosecution witnesses, and introducing evidence of your innocence;
- Present argument for lesser punishments.
How California Categorizes Drug Charges
Like most other states, California has established strict criminal laws designed to punish alleged drug offenders. These laws criminalize every step in the "drug trade," including:
- Manufacturing ranges from planting and cultivating marijuana to manufacturing methamphetamine. Possessing certain household items that are used to manufacture drugs is also illegal.
- Transportation of controlled substances for sale is illegal and punishable as a felony in California. It is also illegal to move a usable amount of a drug for sale any distance.
- Possession of controlled substance is illegal, whether for personal use "with the intent to sell." Simple possession of up to one ounce of marijuana is legal by persons over 21 years old.
- Under the Influence is when a person's nervous system, brain, or muscles are appreciably affected by a drug. Prescription drugs used improperly can qualify as a being under the influence.
- Driving while impaired by a controlled substance is illegal, even if you have a valid prescription. You can be to impaired to drive even if you take the prescribed dosage.
Drug Charge Punishments
Punishments for drug charges include up to one year of jail (misdemeanor) and up to 3 years of prison (felony). Some crimes involving controlled substances, such as transportation for sale, have a maximum prison sentence of 5 years.
Punishments also include fines, 3-5 year probation, entering and completing a residential treatment program, and a reqiurement to participate in clean and sober court.
Clean and Sober
Clean and sober court is often required for a conviction of simple possession or under the influence. Restrictions include:
- No using drugs or alcohol, submit to regular testing;
- Prohibited from owning any weapons;
- Submit to search and seizure of property and residence, and random drug testing;
- No gambling until all probation fees and restitution is paid in full;
- Do not socialize with drug-using friends or anyone on probation or parole.