If you have been arrested for drug possession, you need an experienced criminal defense attorney who is well versed in defending against drug charges. Law enforcement agencies are constantly making arrests in a effort to remain tough on drugs. The problem is that a simple possession for "personal use" case is over charged and elevated into a more serious case by alleging the drugs were possessed for sale. This can affect the potential exposure to punishment, as well is eliminate eligibilty for alternatives like drug treatment programs.
POSSESSION FOR PERSONAL USE
Possession for personal use may include possession of methamphetamine, ecstasy (MDMA), LSD, cocaine, heroin, or marijuana. You can also be charged with possession of a prescription medication. Simple possession offenses may be charged as misdemeanors or felonies, depending on the controlled substance and the county where the case is being prosecuted. There are drug treatment programs available as alternatives to jail or prison time. Depending on the program, successful completion may result in dismissal of the drug charges. However certain types of drug offenses or previous convictions may prevent you from being eligible for those programs. That is why it is important to hire an experienced criminal defense attorney who defends against drug charges in Los Angeles County, Orange County, Riverside County and San Bernardino County. Contact the Law Offices of Ty Martinez to discuss the specific facts of your arrest and your options for the best resolution of your case.
POSSESSION FOR SALE/TRANSPORTATION
Whether a case is charged as simple possession or a more serious possession for sale case depends largely on the individual facts and circumstances. Factors such as quantity, as well as indicia of sales like "pay/owe sheets"; police scanners; multiple cell phones; large amounts of money in small denominations; baggies; and separated quantities; are all important items that the District Attorney will use as evidence to prove possession for sales.
The first and foremost issue that must be vigorously explored in any drug case is the circumstances leading to discovery of the drugs. An experienced criminal defense attorney will thoroughly examine the facts surrounding a search for drugs, whether executed pursuant to a search warrant, or based upon consent allegedly given, or otherwise. You have a constitutional right under the 14th Amendment to be free from unreasonable search and seizure, and the facts surrounding a search for drugs should be scrutinized to determine whether a motion to dismiss should be filed pursuant to Penal Code Section 1538.5. If the Judge granted a motion to dismiss based on an illegal search and seizure, the District Attorney would not be permitted to use any evidence obtained from the illegal search. Such a ruling typically devastates the District Attorney's case, and results in a dismissal.
Drug offenses are prosecuted under California Health and Safety Code.
Other types of drug offenses include:
- Possession of a Controlled Substance (H&S 11377)
- Possession of Paraphernalia (H&S 11364)
- Possession for Sale of Marijuana (H&S 11360(a) )
- Furnishing of Marijuana (H&S 11360(b) )
- Maintaining a Place for Sale of Controlled Substance (H&S 11366)
- Forged Prescription (H&S 11368)
- Sale/Transportation of Controlled Substance (H&S 11379)
- Possession for Sale of a Controlled Substance (H&S 11378)
- Being Under the Influence of a Controlled Substance (H&S 11550)
- Possession of Marijuana for Sale (H&S 11359)
- Cultivation of Marijuana (H&S 11358)
Like many other types of crimes, a drug conviction can adversely affect your current job or your future employment opportunities. Contact the Law Offices of Ty Martinez to discuss the best course of action to minimize the negative impact a drug arrest can have on your life. If you have been arrested for a drug offense in Los Angeles, Orange, Riverside or San Bernardino counties, contact our office for a free initial consultation.
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