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For many years, California has been strict about crimes related to drugs. If you’re facing drug possession charges in San Fernando Valley, California, it can be a really overwhelming and stressful experience. The penalties for drug possession in California are quite severe and you might even go to jail. Because the stakes are so high, it’s really important to get a good lawyer if you’re facing drug charges in San Fernando Valley.
Cyrus is a lawyer who specializes in drug possession cases in San Fernando Valley. He can advocate for your charges to be reduced or dismissed entirely. With his knowledge and expertise, he can help you navigate the legal system and provide you with guidance on what steps to take next. Fear and uncertainty may take hold of you after an arrest, leaving you wondering about potential jail time and how a conviction might impact your future.
Things to Know About Drug Crimes in San Fernando Valley
California has a variety of drug laws in place, and breaching any of them may lead to fines, imprisonment, or other forms of punishment. Typical drug offenses in San Fernando Valley include:
Concentrated Cannabis Possession
In San Fernando Valley, locals can lawfully own up to 8 grams of concentrated cannabis without any repercussions. Nonetheless, it’s considered illegal to have 8 grams or more of concentrated cannabis in possession. If an San Fernando Valley resident is caught holding 8 grams or more of concentrated cannabis, they may face a maximum jail sentence of six months or a fine of $500.
Marijuana Cultivation
Individuals aged 21 years or above in San Fernando Valley are permitted to grow a maximum of six marijuana plants legally. However, if an individual below the age of 21 is caught cultivating marijuana, they can be charged accordingly. Additionally, if a resident is discovered cultivating more than six marijuana plants concurrently, they may be subject to imprisonment or a monetary penalty.
Intent to Sell
San Fernando Valley has limitations on who can engage in drug sales. It’s crucial for anyone interested in legally selling drugs to obtain the necessary license. Otherwise, they may face penalties for unlawfully vending drugs.
If you face a drug crime charge in San Fernando Valley, a drug crimes attorney can offer valuable insights into California law. They can provide legal aid and collaborate with you to establish the most effective plan of action to challenge the drug charges.
Types of Drug Crimes Cases California
In accordance with California law, the possession of a controlled substance is prohibited, whether it be illicit drugs or prescription medication without a valid prescription. DRUG CRIME CASES WE HANDLE:
- Drug Manufacturing
- Possession of Paraphernalia
- Possession of Cocaine
- Possession of Ecstasy
- Possession of Heroin
- Possession of Marijuana
- Possession of Methamphetamine
- Possession of Vicodin (Hydrocodone)
- Marijuana Cultivation
- Marijuana Sale
- Manufacturing a Controlled Substance
- Driving Under the Influence of Drugs
- Driving While Addicted to Drugs
- Selling, Furnishing or Transporting Fake Drugs
- Forging a Prescription
- Sale, Transportation for Sale, etc., of Controlled Substance
- Drug Possession for Sale of a Controlled Substance
- Drug Possession of a Controlled Substance
- Felony Drug Charges
- Misdemeanor Drug Charges
Nearly a decade ago, California voters approved Proposition 47, which reclassified most drug possession charges from felonies to misdemeanors. While this change lowered the severity of punishment for drug possession, it still has significant consequences. Even misdemeanor drug offenses can negatively impact a person’s future prospects, such as making it more difficult to secure employment, admission to educational institutions, or obtain citizenship. Therefore, it is important to understand the potential consequences of drug possession charges, even when they are classified as misdemeanors.
Possession for sale, manufacturing, and trafficking are the most severe drug-related offenses, typically classified as felonies. Despite the lack of direct evidence proving the sale, manufacture or trafficking of drugs, the prosecution can still press charges for these crimes. In many cases, the government relies on circumstantial evidence to build a case against the defendant.
For example, If you get caught with drugs in your possession in any of the following situations, the likelihood of being charged with drug distribution increases significantly:
- You possessed a large amount of a single drug
- You possessed multiple types of different drugs
- You were arrested with a lot of cash
- You were arrested with paraphernalia often associated with the sale of narcotics, such as scales or empty baggies
If you make any statements to the police, prosecutors may use them to prove your intent to sell drugs. Drug-related offenses are typically prosecuted in state courts, but if the authorities suspect that you have trafficked drugs across state lines, you could face federal charges.
Penalties For California Drug Possession Crime
The penalties for drug possession in Sherman Oaks, California, are generally determined by the California Health and Safety Code, as well as other relevant state laws. Here is a general overview of the penalties for drug possession in California:
Misdemeanor Drug Possession:
- Up to one year in county jail
- Fines up to $1,000
Felony Drug Possession:
- Imprisonment in state prison (length varies based on the specific drug and quantity involved)
- Fines (the amount varies)
It’s important to note that California has implemented certain reforms and alternative sentencing options for some drug offenses. These options aim to prioritize treatment and rehabilitation over incarceration. Depending on the circumstances, individuals charged with drug possession may be eligible for diversion programs, drug courts, or probation that includes mandatory drug treatment programs.
Additionally, the penalties for drug possession can be more severe if the possession is linked to intent to sell or distribute drugs, involves certain controlled substances, or if there are aggravating factors such as prior convictions or possession near schools or parks.
Defenses to Southern California Drug Crimes
Being arrested and charged with a drug offense does not automatically mean you are guilty. You are considered innocent until the government can provide evidence beyond a reasonable doubt to prove otherwise. There are several defenses available to drug crime charges that may lead to the dismissal of the case against you, an acquittal at trial, or a plea bargain with reduced charges.
One of the most prevalent defenses used in drug-related cases in Los Angeles is a motion to suppress physical evidence. This type of motion is submitted before trial and asks the court to exclude certain evidence from the proceedings because it was obtained in violation of your constitutional rights. In drug cases, the most common basis for filing a motion to suppress is unlawful traffic or pedestrian stops. Before a police officer can pull you over or stop you on the street, they must have probable cause or reasonable suspicion. If they cannot justify the stop, any evidence collected as a result may not be presented to the jury. When a motion to suppress is granted, the prosecution is left with no evidence, and they may have no choice but to drop the case.
Common Defenses to Drug Charges
To secure a conviction, the prosecution must demonstrate that the defendant committed the crime beyond a reasonable doubt. This is an immensely challenging standard to meet, and the defense may utilize various tactics to weaken the state’s case, including:
- Fourth Amendment: The Fourth Amendment safeguards you against unreasonable searches and seizures. If the drugs were found during an unlawful search, the case might be dismissed.
- Chain of custody issues: Once drugs are seized by law enforcement, they might be sent to a forensic analyst for testing and then returned to the police station. The police must maintain an evidence log, documenting who possesses the drugs and when, to establish a chain of custody. If there are issues with the chain of custody, the drugs might be inadmissible as evidence, and the case could be dismissed.
- Crime lab analysis: Legal substances might be mistaken for illegal narcotics. A crime lab analysis could indicate that the substance presented as evidence is not, in fact, an illegal drug.
- The drugs aren’t yours: For instance, your legal counsel could contend that the drugs belonged to someone else who was merely a passenger in your vehicle.
Each drug case is distinctive, involving varying evidence and circumstances. By retaining the services of an Encino drug crime defense attorney, your case can be thoroughly investigated, allowing for the identification of the optimal defense strategy for your situation.
Call San Fernando Valley Drug Possession Lawyer
Regardless of whether you’re charged with minor or major drug possession, it’s important to have the support of a skilled drug possession lawyer in San Fernando Valley. Cyrus Tabibnia, Drug crime attorney possesses extensive knowledge about the laws and regulations surrounding drug possession charges, such as those at Tabibnia Law Firm. He offers expert legal advice and representation to assist clients in navigating the legal system and reducing the impact of a drug possession charge. With the assistance of Los Angeles drug possession lawyer, clients can develop a robust defense strategy, negotiate plea bargains, or receive legal representation in court.
Call Tabibnia Law Firm at (866) 713-2159 for a free consultation with a skilled drug crimes defense lawyer in Los Angeles County.
