What Happens if I’m Caught With Drugs With California?

Getting caught with drugs in California can lead to serious charges. Whether you’re holding a little weed or a lot of something harder, getting caught with drugs is a precarious situation, and understanding what comes next could make all the difference.

At the Nieves Law Firm, we’ve defended countless clients against drug charges, and we’re here to give it to you straight. Here’s what you need to know.

Drug Possession Charges in California: The Basics

In California, drug charges are governed by the California Health and Safety Code. The specific charge you face will depend on a few key factors:

1. The type of drug. California divides controlled substances into “schedules” based on their potential for abuse and accepted medical use. Schedule I drugs like heroin and LSD are considered the most dangerous, while Schedule V drugs like cough syrup with codeine are considered the least harmful.
2. The amount of the drug. The more drugs you’re caught with, the more serious the charges. Possession of small amounts for personal use will typically be charged as a misdemeanor, while possession of larger amounts can lead to felony charges.
3. The circumstances of the offense. Simple possession – meaning the drugs were for your personal use – is treated differently than possession with intent to sell. Factors like having large amounts of cash, scales, or baggies can lead to more serious charges.

So, what kind of penalties are we talking about? It depends on the specifics, but generally:

• Simple Possession: This is when you’re caught with a small amount of drugs for personal use. Simple possession is usually charged as a misdemeanor, with penalties of up to a year in jail and a $1,000 fine.
• Possession for Sale: If you’re caught with a larger quantity of drugs, or if there’s evidence that you intended to sell the drugs (like scales, baggies, or large amounts of cash), you can be charged with possession for sale. This is a felony, with penalties of up to four years in prison.
• Possession of Drug Paraphernalia: It’s not just the drugs themselves that can get you in trouble. If you’re caught with items used to consume or prepare drugs, like pipes, bongs, or syringes, you can be charged with possession of drug paraphernalia. This is usually a misdemeanor.

Understanding the nuances of these charges is crucial for building a strong defense. At The Nieves Law Firm, we’ll take the time to examine every detail of your case to determine the best strategy for fighting back.

The Collateral Consequences of a Drug Conviction

But the penalties don’t end with fines and jail time. A drug conviction on your record can impact your life in ways you might not expect:

• Your driver’s license can be suspended.
• You can lose your eligibility for student loans, housing assistance, and other government benefits.
• You can have a harder time finding a job or renting an apartment.
• If you’re not a U.S. citizen, you can face deportation.

These collateral consequences can follow you long after you’ve served your time or paid your fines. That’s why it’s so crucial to fight drug charges head-on with the help of an experienced criminal defense attorney.

Fighting Back Against Drug Charges: Possible Defenses

Just because you’ve been charged doesn’t mean you’ll be convicted. At The Nieves Law Firm, we look at every angle to build the strongest possible defense for our clients.

Some common strategies include:

1. Challenging the legality of the search. If the cops found the drugs through an illegal search – like pulling you over without cause or searching your home without a warrant – we can file a motion to suppress the evidence.
2. Arguing that the drugs weren’t yours. If the drugs were found in a shared space, like a car or apartment, we can argue that they belonged to someone else.
3. Questioning the lab results. Police labs can make mistakes. We can demand a retest of the alleged drugs or challenge the chain of custody.
4. Negotiating for reduced charges or alternative sentencing. In some cases, we can negotiate with prosecutors to get charges reduced or to allow you to enter a drug diversion program instead of going to jail.

Every case is unique, and the right defense will depend on the facts of your situation. That’s why our first step is always to listen to your story and understand every detail of what happened.

Is Drug Diversion an Option?

If you’re facing drug possession charges in California, you might be wondering about your options for avoiding jail time. One possibility is drug diversion.

Drug diversion programs, allow eligible defendants to complete a drug treatment program instead of going to trial. If you successfully complete the program, your charges can be dismissed.

Not everyone is eligible for drug diversion. Generally, you must:

• Be charged with simple possession (not possession for sale or other more serious charges)
• Have no prior drug convictions
• Have no felony convictions within the past five years

If you are eligible, drug diversion can be a powerful tool for getting your life back on track. At The Nieves Law Firm, we’ve helped many clients navigate the diversion process and come out the other side with a clean slate.

Your Ally in the Fight Against Drug Charges: The Nieves Law Firm

At The Nieves Law Firm, we know that getting caught with drugs can be a terrifying experience. You’re probably worrying about your freedom, your future, and how this will impact your family. But you don’t have to face this alone.

Our team of experienced drug crime lawyers is here to stand by your side and fight for your rights. We know that you’re more than your charges, and we’ll treat you with the respect and compassion you deserve.

So if you’re facing drug charges in California, don’t wait – contact The Nieves Law Firm today for your free consultation. With us in your corner, you can face these charges with confidence and come out stronger on the other side.