Under California drug sentencing guidelines, most cases of simple drug possession (for personal use) are charged as misdemeanors rather than felonies. Federal law states that drug offenses committed in these areas are subject to twice the maximum punishment allowed by law. The officer spies on a bag containing a vial of prescription methamphetamines and demands that Daniel prove that he has the right to possess the drug. If you have been charged with possession of a controlled substance, there are several ways a drug defense lawyer can help you fight the charges.
A prosecutor can charge a defendant with simple possession when the defendant possessed one of the substances listed in the Health and Safety Code. Depending on the details of your case, there could be more your legal team can do to defend you and give you the maximum chance of getting away from the incident with little or no jail time for drug possession. Section 11352 differs from HSC section 11351 in that section 11352 addresses possession for sale in the actual purchase of drugs, not just the intention to sell. Possession of illegal drugs in California can be charged as a misdemeanor or as a felony, which is a more serious charge with greater consequences.
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. California has adopted an approach that seeks to end drug use through drug diversion programs, which may be an alternative to serving jail time for some drug offenders. You should know that the drug is present and know its nature as a controlled substance to break the law. Therefore, Damian only needs to provide proof of his legal right to possess Desoxyn and the drug charge must be dropped.
However, it is sometimes difficult for the prosecutor to prove that you actually or constructively possessed the drugs for personal use. In general, simple drug possession is much less serious than other drug-related crimes, such as the sale of drugs. More information can be found in the California Drug Possession Lawyers section of the California Kann Advocacy Group website. 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.
This new law made many drug possession offenses punishable only as a misdemeanor and allowed those serving time in state prison on drug possession charges to seek a new sentence from the court.