Facing any kind of criminal offense can be incredibly difficult. As such, it’s imperative to understand what you should do if you are facing a drug possession conviction in California. If you’ve been charged with drug possession, the following blog explores what you should know about the potential penalties you can face and what your rights as a criminal defendant are. In addition, you’ll discover how a Sacramento criminal defense lawyer can help you fight for the best possible outcome during these difficult times.
What Are the Penalties for Drug Possession in California?
In California, the penalties for drug possession will vary based on the type of drug in your possession and the amount of drug on your person. Like all states, California classifies substances based on how dangerous they are, with Schedule I substances being the most severe, as they have a high likelihood for abuse and no accepted medical use in the United States, and Schedule V being the least severe, as they possess a lower risk for abuse.
Typically, first offenses are classified as misdemeanors. This carries up to one year in county prison and additional fines. However, if you are in possession of large amounts of drugs, it will be elevated to a felony offense. This constitutes between a year and a half and three years in prison.
It’s important to understand that type and quantity are not the only factors that can impact whether or not this is charged as a misdemeanor or felony offense. Typically, whether or not you have a criminal history, whether or not you intended to sell the drug, or if you had it in your possession while committing a violent crime, it increases the chances of being charged with a felony drug possession offense.
You should also understand your right to protection from unreasonable searches and seizures. Generally, unless the police have probable cause, your consent, or a warrant, they cannot search your home or vehicle. As such, if the police ask to search your property, you should not provide your consent. However, if they have a warrant, you must let them search the property.
What Steps Can I Take if I’m Charged?
If you are charged with a drug offense in California, it’s imperative to understand your rights as a criminal defendant. Typically, the most important thing you should keep in mind is that you have the right under the Fifth Amendment of the United States Constitution to remain silent during interactions with the police. As such, if you are arrested and questioned for drug charges, you should inform the police that you would like to invoke your right to silence. This will help you from saying something that could incriminate you until you’ve had the chance to speak with an attorney.
In addition, you should know that you are entitled to the guidance of an attorney. If you are arrested, it’s in your best interest to connect with an experienced criminal defense attorney as soon as possible to give you the best possible chance of receiving a favorable outcome. At the Law Offices of Dale R. Gomes, our firm understands how difficult these matters can be. As such, if you are facing a drug offense in California, do not hesitate to call our office to discuss your legal options during these complicated matters.