Under California drug sentencing guidelines, most cases of simple drug possession (for personal use) are charged as misdemeanors rather than felonies. Drug possession charges should be taken seriously, as they can have an adverse effect on your life. Not only can you go to jail, but this can result in the loss of your livelihood, higher insurance rates, and a financial impact on you and your family. In California, many drug charges are misdemeanors due to criminal law reform.
However, there is still the possibility of a one-year sentence for a misdemeanor conviction, so these are still serious charges. The good news is that jail time is far from guaranteed and many people avoid it with proper defense assistance. Possession with intent to sell or federal drug trafficking are much more serious crimes, and a conviction can result in serious jail terms in state or federal prison. In practice, it's rare to go to jail for the first offense of possession of cocaine in California.
If this is your first drug charge or if it has been a long time since any previous offense, you may qualify for programs under Proposition 36, a Drug Court, or a Deferred Judgment (more information below). For example, many states in the past imposed more severe penalties for possession of crack cocaine compared to possession of powdered cocaine. Therefore, Damian only needs to provide proof of his legal right to possess Desoxyn and the drug charge must be dropped. There are many variables involved in determining how long you go to jail for drug possession in California.
If the possession was for personal use and it appears that the defendant would benefit from the treatment, the court may vacate the criminal case and give the defendant an opportunity to complete the drug court. California also recently added a law that raised the bar for drug possession crime commonly associated with date rape cases (e.g., your drug possession lawyer could work to prove any of these points to help prove your innocence in your case. Possession for sale of controlled substances (HSC §1135) occurs when someone owns or buys for sale any of the drugs listed in the law. You should know that the drug is present and know its nature as a controlled substance to break the law.
Drug possession, also known as possession of a controlled substance (Health and Safety Code Sections 11350 and 1137), is a felony, although certain drugs can be charged as a misdemeanor. Every time you are charged with a crime, including possession of drugs, you have certain rights that United States law protects. However, regardless of whether Dee was aware of the presence of the drug or if she would have known of its character, Dee did not voluntarily possess the drug. Jail time can be increased if you are charged with drug possession for a felony because of a previous conviction or if you possessed a loaded firearm while you had the drug.
Being charged with drug possession for the first time is stressful, since you are probably worried about going to jail. Being arrested for drug possession is a frightening experience, especially since you could go to jail.
