There are several ways for a person to get a drug charge filed against them, which forces them to need a criminal defense attorney. They can get a drug charge for drug sales, drug possession, drug transportation, driving under the influence of drugs, or drug manufacturing. These are the general categories in which a person normally picks up a drug charge in court.
Some drug charges which people face tend to be pretty straight forward. For example, possessing less than an ounce of marijuana when the person has a medical marijuana card. Many judges will dismiss these cases. I’ve gotten a drug charge such as this dismissed many times for clients. These types of cases do not often require the assistance of a criminal defense attorney. However, some people do not want to deal with the case themselves, and would rather hire a criminal defense attorney to handle it for them.
Many of the other cases which involve a drug charge are more troublesome and definitely need the assistance of a criminal defense attorney.Drug Possession cases can be handled in ways that end up with the best results for clients. If charged as a felony, they can sometimes be lowered to a misdemeanor, which will keep the client out of jail. (This is true for drugs except cocaine, which is never able to be reduced to a misdemeanor.) If a person is charged with Drug Sales, they can sometimes be reduced to simple possession cases which keep the client out of jail as well. There are 2 other programs which are highly beneficial to clients. These programs fall under the category of Diversion: Prop 36 and PC 1000. See immediately below for information, or schedule a free consultation with Law Office of Stephanie M. Arrache, located in Palm Springs, California, to learn more!
(Also known as The Substance Abuse and Crime Prevention Act of 2000)
About the Program:
The program focuses on rehabilitation through drug classes and therapy instead of jail time. The defendant will be placed on formal probation for the duration of the program. The program normally lasts for one (1) year. Upon successful completion, the defendant will have the charge dismissed upon request.
*1st and 2nd time nonviolent offenders can qualify for this program.
*New drug offenders who have previous nonviolent or nonserious felonies. (This means felons convicted of crimes that did not result in a strike.)
*Does not apply to people charged with sales or transportation.
About the Program:
The program focuses on rehabilitation of a person charged with drug possession. The defendant will plead guilty to the charge. However, sentencing will be postponed for the duration of the pc 1000 program, which is normally 18 months to 3 years. The defendant is placed on informal probation while going through the program.Upon successful completion, the charges will automatically be dropped, with no petition to the court necessary. It is an automatic expungement
*1st time offenders with no prior drug convictions.
*People who have not been in a Diversion program within the past (five) 5 years.
*People who have not violated probation or parole.
*People who have not been convicted of a felony within the past five (5) years.