Ventura County Drug Possession
The term “drug charges” covers a wide spectrum of potential charges that may be brought against a defendant. Knowing the potential consequences and possible defenses is the key to handling your case.
Possession of a Controlled Substance
Simple possession charges are typically brought under sections 11377 and 11350 of the California Health and Safety Code. Methamphetamine is charged under 11377 and cocaine under 11350. Charges under either of these sections can be dealt with through a no-jail program such as “Proposition 36″ which allows drug treatment instead of jail time or “Diversion” which not only allows for treatment instead of jail but also keeps the conviction off your record. We always look into both of these alternatives on all possession cases.
An issue that often arises in a possession case is whether or not the search that found the drugs was legal or illegal. If the officer did not have a legal basis to search you, the drugs that she finds are subject to suppression, which typically results in a dismissal of your case. In reviewing cases we always look into whether or not the search was legal.
Almost all drug charges in California can be resolved without a trial and all possible defenses are considered when we analyze and defend a case.
These charges traditionally have been felonies, however with the passage of proposition 47, possession is now considered a misdemeanor.
Possession for Sale and Sale of Narcotics
Being charged with sale or possession for sale of narcotics triggers far more serious consequences than simple possession. Neither Proposition 36 nor Diversion will be available on these charges and jail or prison time is mandatory. Typical jail sentences can include prison or at the very minimum probation with 180 days or more in county jail.
Whether your California drug charge is possession for sale or sale of any illegal drug, including methamphetamine, cocaine, crack, heroin, marijuana, or PCP, it may be possible to aggressively defend your case, as long as you are represented by an attorney who knows the local courts well.
Under the Influence of a Controlled Substance
Health and Safety Code Section 11550 makes it illegal to be under the influence of a contolled substance.
There charges are always misdemeanors and can generally be dealt with through a no-jail program such as “Proposition 36″ which allows drug treatment instead of jail time or “Diversion” which not only allows for treatment instead of jail but also keeps the conviction off your record.
How We Can Help You
Attorney Paul Tyler practices almost exclusively in Ventura County, California. Therefore, he knows ALL of the prosecutors and ALL of the judges that may handle your case in that County. He is well‑versed in all aspects of fighting drug charges, and will thoroughly review all of the evidence in your case in order to develop a strong defense. Sometimes it is best to fight the case, while other times it is best to work out a favorable disposition in order to secure the minimum possible penalties.
A California drug conviction for sale or possession for sale will result not only in jail or prison time but will also include fines, possible asset forfeiture, and registration as a narcotics offender. Therefore, it is important to deal with the case seriously and appropriately.
To learn more, please call Paul Tyler at (805) 889-9000. He will answer your call personally…you will not be required to go through a secretary, paralegal or associate attorney. Call for a free consultation.