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Know and Protect Your Rights in a Criminal Defense Matter



Download Our Free Guide

Know and Protect Your Rights in a Criminal Defense Matter





San Leandro Drug Possession Lawyer

When a drug is under a person’s care, custody, or control, they may be charged with possession. The drug could be on their person, in his or her vehicle, or his or her home. Regardless of the specific circumstances, anyone charged with possessing a controlled substance should consider retaining a dedicated San Leandro drug possession lawyer for help in building a strong criminal defense. Call today and set up a consultation with an accomplished drug attorney.

How Might Someone Be Found in Possession?

There are various ways someone could be found possessing an illegal drug in San Leandro. The most common examples are:

  • A person is on foot and they are stopped by a police officer. The officer decides to search the individual’s pockets, backpack, or jacket and finds drugs.
  • An individual in a car is stopped by the police. The officer believes that drugs or something else unlawful may be in his or her car. The officer searches the car and finds drugs.
  • During an investigation, a law enforcement officer observing a house or business might see narcotics activity. The police obtain a search warrant, the premises is searched, and then the drugs are found.

There are numerous controlled substances that are considered illegal to possess. Some of the most common drugs to possess in San Leandro are heroin, cocaine, PCP, methamphetamine, and less frequently, marijuana or concentrated cannabis.

How Prosecutors Prioritize Possession Charges

Simple possession of drugs is generally treated as a misdemeanor, and many crimes involving more substantial quantities of marijuana or simple possession of controlled substances such as cocaine and prescription drugs can be resolved by way of a collaborative court. Most jurisdictions have a drug court where a person caught in possession of a drug can go to a class or treatment, and his or her simple possession charge is dismissed. Alameda County also has an early intervention court that is targeted towards young offenders.

Penalties for Drug Possession in San Leandro

The penalties for possessing illegal drugs in San Leandro vary from incarceration to drug treatment. Unless a person is convicted of selling drugs or being in possession with the intent to sell, has prior offenses, or has a firearm with them, he or she does not go to prison. Even if he or she does serve time, he or she serves in a local county jail. If a person has no record and is found in possession of drugs for his or her own use, he or she does not go to jail and most likely go to a drug program through the court. A skilled drug possession lawyer in San Leandro could help one avoid these penalties.

Aggravating Factors

The prime factors that might affect the seriousness of a drug possession charge are whether the drug is being possessed for someone’s own personal use or is for sale. If someone possesses drugs for his or her own personal use, that is generally not considered serious. However, someone who possesses drugs with the intent to distribute is considered much more severe and may lead to more significant penalties.

Alternative Sentencing Programs

Alternative sentencing programs are available for people charged with drug possession for the first time. For something like methamphetamine or cocaine, a defendant may be allowed to go to treatment and have his or her charges dismissed. A San Leandro drug possession lawyer may be able to negotiate with prosecutors to avoid jail time for a simple possession charge.

Reach Out to a San Leandro Drug Possession Attorney

When an American citizen is convicted of drug possession, he or she faces the possibility of prison. The stigma of a conviction changes his or her life. For instance, it is more difficult to obtain employment or keep a driver’s license. When an individual is not an American citizen, they face deportation and permanent exclusion from the United States.

With the consequences of a conviction in mind, consider reaching out to a San Leandro drug possession lawyer if you have been arrested or are facing charges. An experienced attorney who understands the criminal justice system could build a strong defense and mitigate the damage of your arrest.

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THE NIEVES LAW FIRM
Oakland Criminal Lawyer