When the legislature in California approved the decriminalization of marijuana, people charged with a usable amount or possession in Alameda County had their cases dismissed if it was pre-adjudication. If it was post-adjudication, meaning that they pled to a charge or were convicted, they would have some post-conviction relief remedies available to them.
Drug decriminalization in Alameda County has a substantial impact on those who have faced these charges. With the help of an experienced drug attorney, a person could potentially have his or her previous drug charge expunged. If you were charged with possession of a substance that has since been decriminalized, speak with a lawyer about how this could impact your case.
The main three drugs that are typically decriminalized are alcohol, marijuana and prescription drugs. While these drugs are decriminalized, there are still certain laws governing their possession.
Alcohol is legal everywhere in the United States. While some states have laws about when alcohol can be sold, it is not illegal to possess or use alcohol. In fact, it is a huge part of American culture.
However, it is illegal to drive under the influence or to be walking down the street with an open container, depending on the jurisdiction. For example, people can walk down the street with an open container in Las Vegas, but they cannot in California.
Marijuana is now widely available in California. It is also legal in Washington, Colorado, and Alaska. These states have decriminalized the possession of marijuana for personal use and have opened up dispensaries which is now a source of revenue for the state. Notwithstanding, marijuana is still a Schedule I controlled substance and illegal to possess at the federal level.
Medications that we use to treat various diseases or ailments are often legal with a legal prescription. If somebody possess a controlled medication without a prescription or for illegal purposes, he or she could then be charged with illegal possession.
For people already convicted of a crime of possessing a now decriminalized drug, there is post-conviction relief available. This would allow them to ask the court to expunge their record and seal their arrest record.
However, for charges for drug possession with intent to distribute, even if the substance is decriminalized, does not mean that a person without a license can sell that drug on mass to people. If somebody was convicted of possession with intent to distribute, that is a different type of offense.
In that situation, a court would look at whether the person was charged federally or in state court. If he or she was charged in state court, the court would look at the ordinary factors in aggravation and factors in mitigation when selecting appropriate sentence for somebody that was distributing a decriminalized drug illegally.
Although marijuana has been decriminalized in California, in other states possession is still illegal. It is also still illegal federally. Therefore, it is a federal crime to possess marijuana even in a state that has legalized it.
This means that people could potentially face federal prosecution, even they are not going to be prosecuted on a state court level. The reality is, unless they are distributing marijuana, they are unlikely to be charged federally.
While certain substances are legal for personal use in California, such as alcohol, marijuana, and prescription drugs, it is imperative that you follow the laws regulating them. Drug decriminalization in Alameda County does not mean that people can operate a vehicle while under the influence, sell these substances without a license, or possess them without proper verification.
If you have questions regarding drug decriminalization, speak with an experienced defense attorney today. A well-practiced lawyer could explain your legal rights and options if you or a loved one have been charged with drug possession. Call today.
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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