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I was caught with drugs. Do I need to hire an attorney?
Most drug offenses are charged as felonies, which could subject you to jail or prison. An experienced attorney may be able to either get the charges dismissed, reduced to a lesser offense, negotiate a deal that will keep you out of jail or prison, or get you into one of the drug diversion programs.
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What is plea bargaining in drug cases?
Plea bargaining is simply negotiating with the prosecutor to get the charges reduced and the punishment minimized. For example, if a person is charged with 4 separate drug charges, (possession, possession for sale, transportation of drugs, and under the influence of drugs), the attorney may be able to negotiate a plea bargain to only possession. The remainder of charges would be dismissed. The attorney can then negotiate a sentence substantially less than prison, such as public work service, or a short time in the local county jail. Each case is evaluated on the quantity and type of drug, and the defendants prior record.
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Are there any defenses to drug cases?
Yes. The most common is to challenge the search and seizure that resulted in the police finding the drugs. If the police violated the defendants 4th amendment rights, then the court will suppress, or throw out, the drugs. The prosecution will therefore have no evidence against you, and the case will be dismissed. A suppression motion can be asserted for any amount of drugs, from 1 ounce, to 100 pounds of cocaine.
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What are the maximum penalties for drug convictions?
Depending on the amount and type of drugs, a person could get a lengthy sentence in the state prison. In addition, a person convicted of a drug offense will have to register as a narcotics offender. And, as with all felonies, the defendant will not be able to own or possess a firearm.
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Are there alternatives to jail or prison in drug cases?
Yes. Diversion programs such as PC1000, Prop 36, and drug court, allow the person charged to complete a drug program and a period of probation to avoid spending any time in custody. An experienced attorney can advise you of the best program available.
