Not all drug charges are the same.
If you are facing drug charges in California it is important for you to know all of the factors that affect the consequences you may be facing. Drug charges can have severe consequences, including forfeiture of property and incarceration. You may have been lead to believe that all drug charges are offered the same “deal”, but that isn’t necessarily true.
Some drug charges are treated more harshly then others. Some of the factors that affect your case are:
- Was this a first, second, third or subsequent offense
- The amount of the controlled substance
- Weaknesses in the evidence
- The way the evidence was collected
- Were minor children involved
- Your location relevant to “safe zones” like schools and parks
- Was anyone injured
- Were you driving
- Possession for sales
- Were you in possession of a weapon
- Were you in possession of a large quantity
Although these are the most common factors, there are various ways the courts decide what penalty is given. Generally, prior offenses, the amount of controlled substance, and the presence of minor children are major factors that cause more serious sentencing requirements or elevation to felony charges. A local experienced criminal defense attorney, like Nikki Jeannine Stewart, will be able to tell you which of these factors applies in your case and how they affect you.
Do I have to serve jail time?
Depending on various factors, you may not be required to serve jail time. Alternative sentencing provides options for individuals who would like to seek treatment rather then imprisonment. Alternative sentencing may include rehabilitation, out-patient treatment programs, probation, and community service.
Can I defend a drug charge?
The most common defense for a drug charge relates to how the evidence was obtained. If the police violated your Fourth Amendment rights related to illegal search and seizure or your Fifth Amendment rights against self-incrimination you may have a possible defense. The court may review the details of the case presented and suppress the evidence against you. Without this evidence, the prosecution may not be able to continue the case against you.
The Law Offices of Nikki Jeannine Stewart is experienced in all levels of cases related to drug charges. At your CONSULTATION we will review all evidence against you including the manner in which the evidence was collected as well as the other details that are important to your case. Since we are experienced in getting charges dropped, reduced sentencing, and alternative sentencing. Contact us today for a CONSULTATION.
And if you’ve already been convicted of drug charges, ask us if you are eligible for an expungement to clear your criminal record.
Call today to schedule your consultation at 949-262-0570 or firstname.lastname@example.org.