It is a crime to possess controlled substances (illegal drugs) for personal use without a prescription, or with the intent to sell them. Punishments range from rehabilitation programs, probation, and fines, to long prison sentences.
If you are charged with any drug crime, you need the skillful defense of Sacramento drug possession lawyer David Knoll. He helps build a strong defense and works to get your drug charges reduced or dismissed.
With the exception of “being under the influence” of drugs, and possessing marijuana or drug paraphernalia, almost all drug crimes are felonies.
Possession of Drugs for Personal Use
Possession of illegal drugs for personal use is a less serious crime than selling them. Many times the penalty for illegal drug use depends on the drug. Possession of cocaine, methamphetamines, and illegally obtained prescription drugs such as OxyContin will generally be prosecuted as a felony.
Drug trafficking is the term applied to possessing large quantities of illegal drugs and selling them. Drug trafficking also refers to transporting, distributing, selling, buying, cultivating, and manufacturing controlled substances. Depending upon the exact circumstances, you could receive a sentence from two years to life without parole in a state or federal penitentiary.
Penalties for Drug Possession in California
Although most drug possession offenses result in a felony charge, there are times when the prosecuting attorney will charge you with a simple drug possession misdemeanor. The penalties for drug possession in California depend on the type and quantity of the drug you are caught possessing. Prison time is usually mandatory. If there are mitigating circumstances, such as prior convictions, selling drugs to anyone under 21 years old, or you were found to be in possession of a firearm when arrested, years will be added on to your sentence.
In cases where addiction is the reason you bought and possess illegal drugs, attorney David Knoll asks the courts to get you into a drug diversion (rehabilitation) program, instead of punishing you. If you are a first-time drug offender and an addict, you may be eligible for one of the following programs:
- Deferred Entry of Judgment: After pleading guilty, you spend six months in a drug treatment program. If you are drug-free for 12 more months, your case will be dismissed;
- Proposition 36 — a professional from the California Department of Health will determine the level of your drug treatment for a one-year period. He or she will determine if you need to be an inpatient or outpatient, or if you would do better in a halfway house;
- Drug Court — his one-year program includes counseling, random drug testing, judicial reviews, and participation in a 12-step program.
Receiving the Right Legal Representation
If you are charged with any drug crime, you need a criminal attorney who represents you aggressively. Lawyer David Knoll is a drug crime attorney with decades of experience in the Sacramento courts. His expertise leads to the capable protection of your rights under the law.
The Fourth Amendment to the U.S. Constitution concerns search and seizure. David Knoll delves into the circumstances of your arrest to ascertain whether law enforcement agents acted improperly. If one or more of the following infractions violated your constitutional rights, David Knoll can get the evidence suppressed and your case could be thrown out of court.
- If the police searched your home or car without a warrant or probable cause,
- If entrapment was committed,
- If racial profiling was involved,
- If illegal surveillance was performed,
- If the police thought you didn’t belong in a particular neighborhood and therefore searched you.
The federal government categorizes drugs by what is called “scheduling.” Drugs are classified under Schedules 1 to 5, with Schedule 5 drugs having the least likelihood of causing a drug dependency (for example, Tylenol with codeine). The lower the schedule number, the more dangerous and addictive are the drugs. Schedule 1 drugs do not have any known medical use (such as LSD, heroin, and mescaline).
If you have been charged with possessing illegal drugs, you could be facing serious prison time. Sacramento drug attorney David Knoll has decades of experience in drug possession cases, and works with the facts to either reduce your charge to a misdemeanor or seek the dismissal of all charges.
David Knoll handles many drug possession and drug trafficking cases with a very high rate of success. Don’t do it alone! Call David Knoll and get the expert legal representation you desperately need.
Creating Your Drug Possession Defense
Sacramento criminal law attorney David Knoll scrutinizes the evidence in your case to create the best drug possession defense possible.
He researches how the drugs were seized by law enforcement officials, to discover if there was a violation of your rights during the search and seizure process. If any of your Fourth Amendment Constitutional rights were violated in the search and seizure of the drugs and subsequent arrest, the charges against you might be dismissed.
Should the case go to trial, Attorney Knoll can challenge the prosecution’s contention that the drugs were yours, despite the fact that they may have been found in your residence or vehicle. If the drugs belonged to someone else, he sets out to prove it.
Because most people caught possessing controlled substances are charged with a felony, you need a good attorney to turn things around for you. Criminal defense attorney David Knoll fights for your rights and works diligently to get the charges against you dropped or reduced.Help with Drug Charges