If you are facing criminal charges for a drug crime in Sacramento County, it is of critical importance that you get an experienced legal representation on your side. At Chastaine Jones Criminal Defense Attorneys, we have more than 50 years of experience in criminal laws. There have been many recent changes in the California criminal laws regarding drug offenses. Depending on the type and quantity of drugs at issue, these criminal cases can be prosecuted in either state or federal courts, with dramatically different outcomes.
In today’s climate, it is important to have a criminal law attorney who can handle both state criminal cases and federal cases. Read on to know more about the current landscape in California criminal law, specifically on drug crimes.
Drug charges are one of the most prevalent types of criminal charges in Sacramento and across the state of California. They may be felony or misdemeanor charges involving controlled substances such as heroin, methamphetamines, cocaine, hallucinogens, illegally acquired prescription pharmaceuticals, and quantities of nonmedical marijuana possessed with the intent to sell.
The California Health and Safety Code contains the majority of the state legislation that regulates these criminal offenses. When big amounts of narcotics are involved, or state boundaries or foreign borders are crossed, a federal court may have severe ramifications.
Drug convictions are punished using a scheduled criminal justice system that rates drugs based on their propensity for misuse and other considerations. Here at Chastaine Jones Criminal Defense Attorneys, we are a team of drug crime lawyers in Sacramento, who have years of experience representing clients facing a range of drug trafficking accusations, including:
Our criminal defense firm can help you build the strongest federal criminal defense possible against sex offenses, drug offenses, and other difficult criminal offenses.
Criminal convictions for drug manufacturing and trafficking carry particularly harsh penalties. Government authorities such as the Drug Enforcement Administration (DEA) or the Federal Bureau of Investigation (FBI) may get involved if you are suspected of crossing state or foreign boundaries, and your case may be prosecuted in federal court. Federal convictions include mandatory minimum terms that are often heavier than state sanctions.
Many individuals now produce their own marijuana as a result of California’s medical marijuana legislation, and there are various cooperatives or shops in the state. Chastaine Jones Criminal Defense Attorneys has represented a number of dispensaries and marijuana farmers over the years and is well-versed in the regulations and culture around medicinal marijuana.
Although California’s drug laws appear to be basic, they are actually rather complicated. Some people are startled to learn that they were accused of a crime in the first place, simply because they didn’t know what constituted a drug offense.
Your Sacramento drug offense lawyer will provide a detailed description of the white collar crimes you allegedly committed so that you are completely informed about your case and what to expect during the legal procedures.
The following are some examples of drug offenses in the state of California.
One of the most prevalent drug offenses is possession. In these cases, the defendant is charged with having illicit narcotics in his or her possession, such as cocaine, heroin, or ecstasy. You may be prosecuted for merely possessing the narcotics in your possession, or you could be charged with possession with the intent to sell.
Possessing or possessing drug paraphernalia can result in criminal charges. Everything from bongs and syringes to rolling sheets and pipes might be included.
When you’re accused of drug trafficking, you’re accused of transferring or importing unlawful drugs.
It is prohibited in California to participate in any element of the illicit drug production process. If you’ve been charged with manufacture, you’ve been accused of producing a controlled substance.
You might be prosecuted for the delivery of an illicit drug if you are caught transporting the narcotics to another individual.
Possession of drugs is one of the most prevalent criminal offenses at the state and municipal levels. There are two sorts of drug possession: simple possession and possession with the purpose to sell.
A Prosecutor just needs to show that the defendant had custody of the substance at the time of the arrest to get a criminal conviction in a simple possession prosecution. However, not all individuals convicted of simple possession will be sentenced to jail time, especially if it is their first time being charged with a crime.
For example, under a kind of sentencing known as “drug diversion,” certain prisoners may be eligible to complete their sentences in drug treatment programs.
Another alternative sentencing option under the Substance Addiction and Crime Prevention Act, which was enacted in 2000 via Proposition 36, allows non-violent drug offenders to attend a substance abuse education course or inpatient treatment.
Possession with the intent to sell is punished more severely in California than mere possession. Possession with intent to sell amphetamines, for example, carries a maximum sentence of four years jail time. The prosecution does not need to establish that you actually sold the narcotics in a possession with intent, to sell the case. All they need to show is that you had the intent to sell them.
Circumstantial evidence may be used to show your purpose and a criminal lawyer can use it to defend you. Gram scales and big sums of money in your house are examples of circumstantial evidence. Additionally, there may be sentence enhancements that apply to your criminal case. Dealing cocaine in a school zone, for example, or selling it to a kid, might result in harsher penalties.
It may be argued that our state is forgiving to drug offenders. Despite the fact that possessing a tiny amount of marijuana is basically decriminalized, a person discovered in possession of the narcotic in a quantity above the threshold amount might face substantial legal consequences. In every drug offense case, the first order of business should be to look for alternatives to conviction or jail. You must guarantee that your rights and interests are safeguarded whether you are charged with possession, intent to sell, transportation, or drug manufacture.
Medical necessity, having a valid prescription, not “possessing” the restricted substance, transitory possession, lack of awareness, and procedural defenses like entrapment, unlawful search and seizure, or inappropriate police action are all viable defenses to drug possession accusations. Those charged with drug possession or any form of drug offense should consult an experienced criminal defense attorney as soon as possible to decide the best approach for their case.
Your defense lawyer will guarantee that your rights are safeguarded at all times during the legal process. You may not even notice your rights were infringed throughout any phase of the procedure if you don’t have legal protection.
For example, the police on the case may fail to inform you that you are not required to talk without the presence of a lawyer, causing you to feel you must manage the questioning procedure alone.
In addition, at an extremely stressful period, your attorney will provide reassurance and assistance. It is very unusual for law enforcement authorities to treat defendants with violence and rage, and your attorney will be present to guarantee that you are respected during interrogations and the trial.
Having a good criminal defense lawyer on your side can help you stay calm and understand what you’re up against. That way, you’ll have the best opportunity of getting your life back on track.
Because of recent changes in criminal defense laws, drug cases that were previously resolved as felonies may be reduced to misdemeanors.
This can make a huge difference in your future. Let us navigate you through this legal system to have the best possible outcome.
Drug offenses are a serious matter. If you or a loved one has been charged with a drug felony, you should speak with a skilled Sacramento criminal defense lawyer as soon as possible to build a strong defense. Call (916) 932-7150 or use our online contact form to get in touch with Chastaine Jones Criminal Defense Attorneys.
Get to know our experienced criminal defense attorneys, Martin Jones, Mike Chastaine, and Jessica Davis. Do you need legal advice? Contact our Gold River criminal defense law firm today!