Orange County Drug Crimes Defense Lawyer

Drugs and other substances with high rates of abuse and dependency are considered more dangerous than those with low rates, so they are punished more harshly. Orange county drug crimes penalties are determined by several factors, including which drug you were arrested for possessing, the amount of that substance found on your person or in your vehicle during a traffic stop; whether you intended to sell the illegal substance (and if so how much); and any prior criminal history. In November 2014, Prop. 47 passed in California and changed the way drug offenses were treated by state law enforcement agencies: controlled substances like Meth, Cocaine and Heroin became misdemeanors instead of felonies. Orange county drug crime attorney Cyrus Tabibnia who has the knowledge and experience to fight drug crime cases. Once he closely examine all the facts surrounding your case, he will prepare an aggressive defense strategy and help you get charges dismissed.

In orange county, possession charges for personal use are typically prosecuted as misdemeanor drug crimes. These “lesser” drug crimes can still result in criminal records and punishments such as jail time, fines—even probation or other administrative sanctions that impact your future chances of getting jobs or loans. If you have been arrested or charged with drug possession in Orange County, contact experienced criminal defense attorneys at our firm today.

In many states, you can earn the dismissal of your drug or narcotics crime by successfully completing a drug diversion program.

However, not all drug crimes are eligible for drug diversion in Orange County. Drug crimes involving allegations of possession with intent to sell and sales—as well as transportation with the intent to sell—are ineligible for these programs because they fall under “straight” felonies category.

Orange County drug crimes includes:

Possession of drug paraphernalia
Possession Of Marijuana
Possession of a narcotic
Possession Of Cocaine
Possession Of Heroin
Possession Of “Meth”
Possession Of Prescription Drugs Without Prescription
Possession of Concentrated Cannabis (Misdemeanor or Felony)
Possession for Sale of a Controlled Substance
Transportation of a Controlled Substance
Transportation for Sale of a Controlled Substance
Sale or Furnish a Controlled Substance to a Minor
Selling a Substance in Lieu of a Controlled Substance

Possession Of Marijuana | HS 11357

Drug crimes involving marijuana are unique in Orange County because it is possible to be charged with either an infraction or a misdemeanor drug crime. It is classified as a “wobblet,” meaning possession of Marijuana Unless you have your valid medical marijuana prescription or card with you, possession of marijuana is illegal.

If you are arrested or cited for marijuana possession, the penalties will depend on your prior criminal record, how much marijuana you had in your possession at the time of arrest and whether it was on a school campus.

Possession of Under 28.5 oz of Marijuana (Infraction) – HS 11357(b)

Up to $100 fine
Court ordered drug education class or program
No criminal record

Possession of Over 28.5 oz of Marijuana (Misdemeanor) – HS 11357(c)

Up to 6 months in LA County Jail
Up to $500 fine
Summary probation
Community service/labor
Court ordered drug education program
Criminal record

Possession of Concentrated Cannabis (Misdemeanor or Felony) – HS 11357(a)

Up to 1 year in LA County Jail (Misdemeanor) or up to 3 years in California State Prison (Felony)
Up to $500 fine
Summary or formal probation
Community service/labor
Court ordered drug education program
Criminal record

Possession Of Cocaine | HS 11350

Prior to Prop. 47, even possessing a small amount of cocaine could have resulted in felony drug charges for anyone who was caught by police. Today, possession of cocaine for personal use is generally a misdemeanor crime, but you still can be charged with felony possession if certain aggravating circumstances exist— such as your prior serious felony record or your status as a registered sex offender.

Cocaine is one of the most highly addictive controlled substances—and it’s prosecuted aggressively in Orange County. If you’re charged with possession of cocaine and a loaded firearm, your punishment could be enhanced.

A good Orange County drug crimes lawyer can help you get a favorable outcome for your case by negotiating a diversion agreement. If you are convicted of simple possession of cocaine, here is a list of consequences:

You can receive up to one year in the Orange County Jail (misdemeanor) or three years in California State Prison (felony).
First offense: Up to $1,000 fine. Second offense: Up to $2,000 fine.
Summary or formal probation
Community service/labor
Drug education program imparted by the court

Criminal record

Felony Possession of Cocaine with a Loaded Firearm – HS 11370.1

4-year sentence in California State Prison.
Formal probation
Community service/labor
Drug rehabilitation program mandated by the court
Losing the right to own firearms

Criminal record

Possession Of Heroin | HS 11350

The California Uniform Controlled Substances Act lists heroin as a schedule 1 controlled substance because it is highly addictive and poses significant risks to users.

As a result, drug charges involving Heroin—particularly those related to possession for sale under the California Health and Safety Code 11351—are prosecuted aggressively by prosecutors.

Although Prop 47, decriminalized simple possession of heroin as a misdemeanor offense for most people with no prior serious felonies or sex offenses on their records. However if you have a prior aggravated felony and/or are registered as a sex offender then prosecutors may re-open your case to pursue felony drug charges against you.

In many cases involving heroin possession, an additional charge of possession of drug paraphernalia under HS 11364(a) is brought against the defendant. Smoking devices or hypodermic needles are often seized along with controlled substances during arrests—so these items may be used as evidence in court.

If you qualify, your criminal defense lawyer can ask the court to negotiate drug diversion for you. This would allow you to avoid prison time and keep a clean record.

Possession of heroin and paraphernalia are both drug offenses that may be eligible for diversion in Orange County and California, whereas possession of heroin with intent to sell or distribute is not. If you are charged with simple possession of Heroin, you may face the following penalties:

The maximum sentence for a misdemeanor is one year in county jail, whereas the maximum sentence for a felony is three years in state prison.
First offense, a fine up to $1,000; second offense—a fine up to $2,000.
Summary or formal probation
Community service/labor
Drug education program ordered by the court.
Criminal record

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Possession Of “Meth” | HS 11377

Methamphetamine, or “Meth” is a dangerous Schedule 2 drug because it has high potential for abuse and psychological addiction. Drug charges involving Meth represent a significant portion of the drug crimes in Orange County.

Because methamphetamine is a “wobbler,” or can be prosecuted as either a felony or misdemeanor offense, possession of it can result in harsh repercussions if convicted. However, Prop. 47 has reduced most Meth possession charges to misdemeanor drug crimes; only those with criminal records of serious prior felonies or who must register as sex offenders face felony charges for this offense.

If you have been arrested and charged with possession of meth for the first time, it may be possible to avoid jail time by completing a drug diversion program. These are the potential penalties that you could face if caught in possession of Meth:

Up to 1 year in LA County Jail (Misdemeanor) or up to 3 years in California State Prison (Felony)
Up to $1,000 fine
Summary or formal probation
Community service/labor
Court ordered drug education program
Criminal record

Possession Of Prescription Drugs Without Prescription | BP 4060

The abuse of prescription medications has increased dramatically in recent years. As a result, many people have been charged with possession of drugs without a valid prescription. Possession of drugs such as oxycodone, hydrocodone, and other opium-derived pain relievers, and many anti-anxiety meds such as Xanax and Adderall. Under California Business and Professions Code 4060, it is illegal to possess a prescription drug without having the valid prescription for that drug issued directly by a physician, physician assistant, dentist, nurse practitioner, or veterinarian.

Orange County treats possession of prescription drugs without a prescription as a misdemeanor offense—just like the possession of Cocaine, Heroin, and Meth. If you are a registered sex offender or have prior serious felony convictions, however, it is possible that your charges could be escalated to felonies. If charged with BP 4060, Punishments for violating this rule include:

Up to 1 year in LA County Jail (Misdemeanor) or up to 3 years in California State Prison (Felony)
Up to $1,000 fine
Summary or formal probation
Community service/labor
Court ordered drug education program
Criminal record

Contact Orange County Drug Possession Lawyer

Drug Possession Attorney
Medical Marijuana
Orange County Cocaine Defense Attorney
Orange County Heroin Attorney
Manufacturing a Controlled Substance in Orange County
Orange County Methamphetamine Attorney
Possessing Drug Manufacturing Materials in Orange County
Possession for Sale of a Controlled Substance in Orange County
Orange County Prescription Drug Attorney
Selling Synthetic Stimulant Compounds in Orange County
Drug Entrapment in Orange County
Possession for Sale of Methamphetamine in Orange County
Possession of Drug Paraphernalia in Orange County
Possession of Methamphetamine in Orange County
Sale or Transportation of a Controlled Substance in Orange County
Selling Marijuana to a Minor in Orange County
Selling or Transporting Methamphetamine in Orange County
Selling Synthetic Marijuana in Orange County
Under the Influence of a Controlled Substance Attorney

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