Drug Crime Attorney in Humboldt County
Violating Health and Safety Codes
Most drug related crimes are defined under the California Health and Safety
Code. This includes conduct for everything from simple possession, to
transportation, to possession for sales and beyond. What code your case
falls under and the degree and severity of potential punishment depends
on numerous factors including the specific drug involved, the quantity
possessed, the nature of how it is possessed, whether cash, guns, or weighing
scales are in close proximity at the time of arrest, and more. Prior drug
offenses can lead to the charging of sentencing enhancements that can
add up to three years to your total possible sentence and may lead to
probation ineligibility.
In addition to potential time in state prison, a felony drug offense conviction
often requires a person to register as a drug offender under Health &
Safety Code 11590, leads to a loss of current and future employment opportunities,
and a loss of the ability to get certain loans for continued education.
The most commonly charged drug offenses include:
- Marijuana - Health & Safety Code 11357, 11358, 11359, 11360
- Methamphetamine - Health & Safety Code 11377(a), 11378, 11379
- Heroin - Health & Safety Code 11350, 11351, 11352;
- Psilocybin Mushroom - Health & Safety Code 11377(a), 11378, 11379
Possession for Sales
Often the evidence presented to a court or jury for that a drug is possessed
for sale comes from either actual evidence of a drug related transaction
or is based the presence of large quantities, sales related packaging
material, cash, firearms, pay & owe sheets, bank account records,
text messages or emails related to drug transactions. It is not difficult
for a law enforcement officer to be qualified as an expert when testifying
and offer the opinion that a drug was possessed for purposes of sale.
This happens in almost every case in which drug sales are charged. You
need an experienced and intelligent lawyer to undermine that opinion with
facts to show a judge or jury that a drug was not possessed for sales.
Transportation
Transportation of drug is the act of moving drugs from one place to another.
The most common charge stems from drugs being located in a car after being
stopped but can also be as simple as having it in your packet as you walk
down the street. Transportation of a drug often has greater potential
punishment than possessing a drug for sale.
Simple Possession
There are avenues, mostly for first offenders, who possess a drug for their
own personal use. One option is PC 1000 diversion in which a person admits
the crime, does treatment, and if successful gets their admission back
and the case is dismissed; no conviction on your record. A second option
may be Proposition 36 Probation. Proposition 36 also offers treatment
instead of jail time, but the conviction remains on your record until
it can later be expunged if treatment and aftercare are successful. There
are numerous limitations on whether a person is eligible for PC 1000 diversion
or Proposition 36 probation. The difference can depend on the ability
of defense counsel to convince the prosecutor, judge, and sometimes probation
that your offense qualifies under the law.
Passed in November 2014, Proposition 47 makes all simple possession (possession
for personal use) misdemeanor offenses. Additionally, if you were convicted
of a felony simple possession in the past, you can petition to the court
to reduce the felony to a misdmeanor under Proposition 47. There are exceptions
to this relief and consulting with an attorney is advised. Note, for instance,
that reduction to a misdemeanor under Proposition 47 alone does not restore
your right to possess/own ammunition or firearms.
Defending Your Charges
If you have been found in possession of any amount of illegal controlled
substance or were arrested for possession with the intent to sell drugs,
it is important to contact a
criminal defense attorney as soon as possible. Do not go to court without solid legal representation.
The Law Offices of Benjamin Okin is experienced in all areas of drug related
crimes and will work hard to protect you through the court process.
Call us today for a
free case evaluation.