A controlled substance is one that is outlined in the California Health and Safety Code as a common drug that falls under a delineated category of regulated substances. There are different schedules within the Health and Safety Code identifying which drugs fall into which categories. The category then determines the violations that an individual may be charged with.
Because there are various drug categorizations in Alameda County, the legal process and potential penalties accordingly vary. To learn more about the different types of narcotics and their related penalties, it may be wise to consult an attorney who is experienced in handling these types of cases.
Narcotics and controlled substances are divided into five different “schedules” by the federal government as well as the California Penal Code. The categorization a drug falls into in Alameda County is preset based on the designated controlled substances schedules which is determined by the effects of the drug. Controlled substances are classified depending on whether they have a potential for abuse, how they affect people, and the access that people have to these drugs. For example. heroin is categorized differently than substances that a person can buy over the counter, like cough medicine.
Health and Safety Code §11054 defines Schedule One controlled substances. An example of a schedule one drug would be heroin. These substances are considered to have a high potential for abuse or addiction, are considered unsafe to use, have no accepted medical value according to the federal government. Other well-known schedule I substances include, but are not limited to, those that have a stimulant effect on the central nervous system like cocaine base, hallucinogenic substances like lysergic acid (LSD), and depressants that have have an effect on the central nervous system like Methaqualone.
As outlined in Health and Safety Code §11055, Schedule Two controlled substances include, but are not limited to, cocaine (non-base), morphine, opium, oxycodone, codeine, Fentanyl, methadone, amphetamines and methamphetamine. These substances also have a high potential for abuse, but they are considered to have some medical uses. They are not treated like those drugs that do not necessarily have accepted medical uses but are still considered dangerous because they can lead to extreme psychological and physical dependence.
Schedule three drugs are defined in Health and Safety Code §11056. Schedule three controlled substances would be something that also has a potential for abuse but has wider accepted medical uses than Schedule 1 or 2 drugs. This categorization of drugs in Alameda County and throughout California includes substances such as ketamine, Human chorionic gonadotropin (HCG), and certain anabolic steroids. When prescribed by a medical professional, these substances are legal, and may be useful.
Schedule four drugs are defined in Health and Safety Code §11057 and are commonly prescribed substances such as Alprazolam, Clonazepam, Lorazepam, Diazepam, and Meprobamate, . They are often provided by prescription to treat diagnosed medical conditions.
A schedule five drugs tend to have a widely accepted medical use and are often provided by prescription but can be found over the counter. These medications are still controlled because they may have dangerous side effects. According to Health and Safety Code §11058, medications such as cough syrup that contains small amounts of codeine are in this category.
Minimum and maximum sentencing in Alameda County drug cases is determined by what is outlined in the California Penal Code. The legislature makes the determinations based on policy and public safety and identifies what the minimum and the maximum sentence should be for crimes or all crimes, including controlled dangerous substances. Penalties can range from misdemeanor to felony violations with the possibility of incarceration and fines – as well as other potential consequences like search clauses, drug offender registration, and probation.
Contacting an attorney comes with many benefits, especially if you have been charged with a drug-related offense, because an attorney could help you navigate the criminal justice system, understand the procedural process of being charged with the crime, and review your background for any mitigating or aggravating circumstances. It will also help in terms of building a defense early on and strategizing on how that defense should be presented. To learn more about drug categorization in Alameda County, call now to schedule a consultation.
The Nieves Law Firm is dedicated to providing aggressive criminal defense representation to working professionals who have found themselves in trouble with the law. We show up to win, and we’re not afraid to fight aggressively to accomplish our client’s goals.
We understand that being accused of a crime can be a scary and confusing experience. That’s why we take the stress off our clients by handling the full scope of their legal situation from the initial consultation to the final outcome. Our bilingual attorneys and staff are here to ensure that our clients feel heard and understood every step of the way.
As one of the largest criminal defense teams in Oakland and the Greater Bay Area, we have the resources and experience to handle even the most complex cases. Our experienced team examines various aspects of your case and, perhaps most importantly, we genuinely care about our clients and their future. We take the time to learn about their goals and priorities so that we can achieve an outcome that allows them to move past their mistakes and focus on the future they want. When you work with us, you become part of our team.
Our skilled criminal defense attorneys have experience handling a wide range of criminal cases. With a deep understanding of the legal system and a track record of successful cases, our lawyers are committed to achieving the best possible outcome in your case.
When facing a criminal charge, having dedicated and experienced attorneys on your side is critical. At The Nieves Law Firm, we understand the gravity of your situation, and our criminal defense attorneys provide unwavering support and legal guidance.
From the moment you reach out to us, we prioritize your well-being and legal interests. Our criminal lawyers are with you every step of the way, from arrest to hearings and beyond, to ensure that your rights are protected. Whether you’re facing charges related to DUI, drug offenses, assault, sex crimes or any other allegation, we have the knowledge and courtroom experience to fight vigorously on your behalf.
We believe in the power of collaboration and will actively involve you in the decision-making process, ensuring you are well-informed and empowered to make the best choices for your defense. Our goal is not only to navigate the legal complexities but also to provide you with the peace of mind and reassurance you deserve during this challenging time.
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Case Dismissed after Completion of Drug Court
All Charges Dismissed and Property Ordered to be Returned to Client
Deferred Entry of Judgment
Case Dismissed without Trial
Motion to Vacate Granted
Restraining Order Denied and Sealed
Both Cases Dismissed Prior to Trial
No Charges Filed
No Criminal Charges Filed & Detention
No Jail Time & No Sex Offender Registration
Pled to 1 Petty Misdemeanor and Not Required to Register as Sex Offender
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Thank you to my attorney Grace for all your help with my case. It took awhile but the outcome has made me so happy that I am able to move forward with my life and forget the past. Everyone at this law firm from the beginning to the end have been so helpful and supportive. I highly recommend The Nieves Law Firm!
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Thank you to the whole Nieves legal team, especially to my attorney, Mari Bowie, for being so supportive, helpful, and professional to me and my family in these hard times in my life. I highly recommend them to anyone looking for a law firm that actually looks at you as a human-being first and cares about your well-being. I appreciate all the support they’ve given and will go to them again if I ever need to down the road.
The Nieves Law Firm has an outstanding team of attorneys who are supportive and provide exceptional Client service. The founding attorney Jo-Anna, firmly stands on her mission and is backed by a team with expertise. You can trust you’ll be in good hands and that their team will give their absolute best to help you. If you’re looking for a criminal defense attorney look no further they are knowledgeable and honestly the best to work with!