The California Health and Safety Code makes it illegal to be in possession of many drugs, including, but not limited to, cocaine, heroin, methamphetamine and marijuana. It is also illegal to sell these drugs, be in possession of these drugs with the intent to sell them, or even in possession of indicia common to those conducting a drug sales business. It is also illegal to be under the influence of various drugs, even if you do not have any of the drugs in your immediate possession. It is a felony to sell any drug and the possible punishment for drug sales can include a prison term. It is a felony offense to be in possession of cocaine, heroin, and often methamphetamine (although methamphetamine can also be a misdemeanor if it is your first offense.) It is a misdemeanor to be under the influence of an illegal drug, and the law states a person convicted of this misdemeanor must serve a minimum ninety day jail sentence.
At Jackson Law, we have successfully handled many cases where our clients were permitted to attend a residential treatment program rather than serving time in jail or prison. If you are being investigated, or have been charged, with a drug related offense, it is imperative that you contact an attorney right away to ensure your rights are adequately protected. We will handle all aspects of your case, including a thorough review of all police reports, videotapes and audio tapes as well as a thorough evaluation of the manner in which the drugs were located by the police. Often, drugs are found during a search of your car or your person. On occasion, the police illegally perform these searches and we can file a motion pursuant to Penal Code section 1538.5 to have the case dismissed. The attorneys at Jackson Law have drafted and argued many such motions; resulting in even serious cases being dismissed in their entirety.
COCAINE AND HEROIN
The California Health and Safety Code governs cocaine and heroin possession under HS11350. The sale of cocaine and heroin are governed under HS 11351, HS 11351.5 and HS 11352. It is always a felony to possess cocaine or heroin. Possession of both cocaine and heroin can be punished in a variety of ways, including incarceration for up to three years in state prison. Sales cases have harsher penalties, including incarceration for up to four or five years, depending on the specific offense charged. Fortunately, there are many things the experienced criminal defense attorneys at Jackson Law do to assist our clients, help keep them out of jail or prison and limit their maximum exposure. We have successfully handled many cases where clients were allowed to do residential treatment programs rather than spending time in jail or prison. Even if you are in custody, there are still several things we will do to aggressively defend your case and assist in getting you released from custody and/or into a residential treatment program.
The California Health and Safety Code governs possession of methamphetamine under HS 11377, and the sale of methamphetamine under HS 11378 and HS 11379. Possession of methamphetamine can be charged as a misdemeanor on your first offense, but if filed as a felony, it carries a penalty of incarceration for up to three years. Sales charges can carry a penalty of incarceration of up to three or four years. Fortunately, there are many things the experienced criminal defense attorneys at Jackson Law do to assist our clients, help keep them out of jail or prison and limit their maximum exposure. We have successfully handled many cases where clients were allowed to do residential treatment programs rather than spending time in jail or prison. Even if you are in custody, there are still several things we will do to aggressively defend your case and assist in getting you released from custody and/or into a residential treatment program.
The California Health and Safety Code governs marijuana possession and sales under HS 11357-11362.5. Simple possession of under one ounce of marijuana is treated as an infraction. However, possession of more than one ounce can be treated as a felony or a misdemeanor, depending on the amount and type of marijuana. In addition, it is unlawful to cultivate marijuana without authorization and can be punished as a felony with a state prison sentence. Like other drugs, selling or possessing marijuana with the intent to sell are treated severely and can carry prison sentences. Given all the recent changes in the legislature about marijuana, compassionate use, marijuana cards, marijuana cultivation, etc., if you are being investigated or have been charged with a marijuana related offense, it is extremely important that you immediately hire an attorney from Jackson Law as we are experienced and knowledgeable in this area of the law and will work to demonstrate your legal rights to possess marijuana and defend your rights at all court proceedings. Our attorneys have successfully handled both minor and serious marijuana cases and have had success getting felony marijuana cases thrown out at preliminary hearings due to the medical marijuana laws, which allow clients to walk free instead of going to prison.
If you are being investigated for a criminal offense, or have been charged with a criminal offense, and want to know how to best proceed, please contact the attorneys at Jackson Law online or call Jackson Law at 650-587-8556.