California makes it a misdemeanor to illegally possess a controlled substance. The definition of a controlled substance would include drugs such as:
Simple possession can be punished by up to a year in jail. However, the reality is that possession for a first-time offender, with nothing more in play, would not lead to a maximum sentence. If your attorney can negotiate a deal with the prosecutor, you could end up in a diversion program or in drug court that would lead to treatment. The penalties can become worse for repeat offenders, or if there is possession with intent to distribute.
If you choose to fight the drug charges against you, possession is a crime that requires intent. You must know that you had the drugs in your possession. In addition, law enforcement must seize the drugs that they are using as evidence pursuant to a valid search warrant or a proper exception to the need for a search warrant.
Drug convictions are not as simple as just thinking about jail time. You may have other consequences for your conviction, including impacts on:
- Your job and ability to earn a living
- Your immigration status
- Your ability to own a firearm
- Your custody case
- Prior convictions and your probation or parole status
Therefore, you must consider your own individual situation before you decide how to respond to any drug possession charges. We will review your personal status and what is important to you in fashioning the legal advice that we give you.
Call a Marin County Criminal Defense Attorney
If you are facing drug charges, you need a dedicated and determined criminal defense lawyer to protect your legal rights. Call the Mason Law Office today at 833.770.1372 or message us online to get the legal assistance that you need.