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Drug Crimes

Drug Crimes Attorneys in Atascadero, California

With any state or place for that manner, drug crimes are never taken lightly by federal crime law or the enforcement that governs it. Drug crimes can range from possession, sale, transportation, manufacturing, trafficking of illegal drugs. When you or your loved one has been accused of such a crime, you need to be represented by a legal team you can rely on. 

Take matters into your own hands and hire drug crime lawyers experienced in the field to ensure that your rights are practiced alongside the guidance needed to process the case you are presented with. 

At 805 Law Group, you will be given a skilled and proficient criminal defense team with knowledge, experience, and dedication to help you through the case.

Contact the 805 Law Group at (805) 919-8889 today!

Types Of Drug Crimes

Today, with the recent passing of Proposition 47 in California, simple drug possession is considered an infraction or misdemeanor. Misdemeanor charges, depending on the amount of drugs on hand, penalties and fees are charged if proven guilty. When the possession is coupled with an intent to sell or cultivate the said drugs or substance, including criminal intentions, the penalties and fines are much worse and the criminal charge is escalated into a felony.

Possession Of A Controlled Substance or Drug

Drugs or other substances that are regulated by the government because they may be abused or cause addiction are considered “controlled substances.” Possession of such can be illegal without a valid prescription. These substances are not limited to opiates, cocaine, and prescription drugs. Authorized medical institutions give a valid prescription. To be charged and convicted with possession of a controlled substance follows the Health and Safety Code.

The prosecution must prove that the accused:

  • Knew about the unlawful possession of controlled substances at hand.
  • Knew of the presence and ownership of said substance.
  • Knew that the substance’s nature is a controlled substance.
  • It was evident that the accused used an amount of the possessed controlled substance.

Under California state law, if the accused is proven guilty of possession of illegal controlled substances, they will pay a fine and serve up to one year in county jail.

Possession Of Heroin and Cocaine With Intentions To Sell

The intent to sell or distribute the possessed amount of heroin and cocaine by the accused is already considered a felony. Even if the transaction has yet to be acted upon, the intent in itself is punishable by law.

To be convicted for the possession of Cocaine and Heroin, one must:

  • Unlawfully possess cocaine and heroin.
  • Know that they are in possession of cocaine and heroin.
  • Know the nature and form of the controlled substance.
  • Unlawful sell and manufacture the controlled substance or with the intent thereof.

There is a minimal difference between simple possession of cocaine and heroin from the intent to sell the possessed substance. If you are prosecuted and convicted for the drug offense, you are not legally eligible for any drug diversion program. If an experienced drug crime lawyer handles the case, they may convince the prosecution and the court to reduce the charge to simple possession. In which case, you are eligible for drug diversion, and once completed, it may lead to a dismissal of all drug possession charges without tarnishing your records.

If you are found guilty of all charges with the intent to sell illegal possession of cocaine and heroin, you will face up to four years in county jail with a fine of $20,000. 

Transportation or Sale Of Illegal Substance

Transporting and trafficking of a controlled substance are illegal in California under the Health and Safety Code. The act of selling, furnishing, administering, or even giving away the said controlled substance is punishable with severe fines and penalties.

To be convicted of such an act, you must:

  • Have sold, furnished, administered, giveaway, transported, or imported a controlled substance to, from within, the state of California.
  • Know the presence of the controlled substance you possess.
  • Know the nature of the controlled substance.
  • Possess a usable amount of the controlled substance.

Once convicted, transportation with the intent to sell the controlled substance is punished with up to five years in county jail with a fine of $20,000. The fine and penalty can increase if:

  • You transported the substance across state lines.
  • You knowingly operated a business transaction in dispensing the controlled substance.
  • The controlled substance was cocaine or heroin.

What Are Drug Diversion Programs?

Under California state law, non-violent or first-time offenders of drug possession or simple possession may be eligible for drug diversion programs as an alternative rather than serving time in county jail.

With a deferred entry of judgment, an offender or the accused plead guilty for simple drug possession. If proven, sentencing is delayed until the defendant completes the 18-month drug treatment program supervised by law enforcement. Once completed, the case may be dismissed. If not, the defendant will be charged a harsher fine and sentenced to a lengthy jail time.

Legal Representation By A Drug Crimes Lawyer

It is critical that a defendant or accused hires an experienced drug crimes lawyer or a criminal defense lawyer with the depth of knowledge and experience needed to fight a drug crime charge. An aggressive drug crimes lawyer will understand the flow of the proceedings and know what motions to file, alongside effectively arguing your case. 

Often cases that involve controlled substances are charged and falsely accused by the police or law enforcement present. Authorities not following the due process of law can get you off the hook.

Drug crimes lawyers can sway the court in your favor following an effective defense strategy . This works to your advantage only if you are backed by a team that can handle your case right the first time around. 

If charged and proven guilty beyond a reasonable doubt, even a false accusation can lead to long-term consequences that may affect your future. 

Contact 805 Law Group Today!

If we didn’t acquire a dismissal of criminal charges, the next step will be to reduce the severity of the case you are charged with. The goal is to ensure that you are represented by a team with legal experience and a valid track record of winning criminal defense cases and can handle your case wisely. Schedule your consultation today.

Often cases that involve controlled substances are charged and falsely accused by the police or law enforcement present. Authorities not following the due process of law can get you off the hook.

Drug crimes lawyers can sway the court in your favor following an effective defense strategy . This works to your advantage only if you are backed by a team that can handle your case right the first time around. 

If charged and proven guilty beyond a reasonable doubt, even a false accusation can lead to long-term consequences that may affect your future. 

Get the personal attention you deserve in your drug case – call our firm at
(805) 420-7547