Our firm defends people in Ventura County, Santa Barbara County, L.A. County, and Southern California. We know that receiving accusations for drug possession can not only be detrimental to your reputation, but also to your future as a whole. In California, the state takes drug crimes very seriously, especially any offenses related to possession of controlled substances. There are three different legal entities that are encompassed in the crime of possession including actual, joint and constructive.
Each carries their own penalties that are dependent upon the amount of drugs found, the type of “schedule” the drug falls into and whether or not there were other criminal activities involved with the offense. While there are some drug crimes that are considered misdemeanors, most of them are classified as felonies in the state of California. Being one of the primary states to crack down on incarceration for drug crimes, California is very strict when it comes to prosecuting these offenses. It is important that you have the appropriate legal defense on your side throughout your case.
According to the Health & Safety Code 11350, the criminal charge for possession includes not just one kind of possession, but three different subcategories outlining the different types of offenses. Anytime that an individual has possession of an unlawful narcotic under one of these three legal ideas, it is considered to be illegal. These categories include the following:
The types of consequences you could be facing depend significantly on the kind of controlled substances that were found in your possession. According to state laws, each drug is placed under a “schedule” from 1 to 5, one being the most dangerous substances. They are as follows:
Always speak with an accomplished criminal lawyer before making any steps towards a legal defense. At Ridley Defense, you can rely on the extensive experience that Attorney Ridley has, both as a former Ventura County District Attorney and as an outstanding defense lawyer.
Under the California State laws, drug possession of a controlled substance is typically charged as a felony. Conviction could mean either up to 12 months in county jail with a term of probation or it could result in incarceration for 15 months to 3 years in a California State prison. There are some drugs including some depressants that fall under the “wobbler” category, meaning that it is ultimately up to the prosecution to determine if they want to pursue it as a misdemeanor offense. Most often this is determined by looking at the individual’s criminal history as well as the pertinent facts involved in the case. Misdemeanors may result in up to $1,000 in fines as well as a year in county jail.
Fortunately there are drug diversion programs that are a possibility for individuals charged with non-violent drug possession charges. It offers alternative drug treatment sessions instead of doing time in jail or prison. Once the program is completed, the drug crime accusations will be dismissed, which is an extremely positive aspect of this alternative. There are various stipulations associated with drug diversion and it does not apply to everyone; however, with the help of our qualified lawyer, we can explore these options with you if you have been accused of possession.
By harnessing the knowledge and capability of a solid criminal defense attorney at our firm, you can allow yourself to rest easier knowing that your case is in the hands of someone who will truly care for your case. It is important that you not only know your rights as you move forward with a legal situation, but it is equally critical that you find the best representation you can. When your future is at stake, as well as significant fines, jail time, potential damage to your reputation and other consequences, we know that you deserve the best attorney in all of Southern California.
Attorney Ridley is highly compassionate and willing to personally work with you throughout every step of the legal process. Having had experience handling thousands of cases throughout Ventura County and the surrounding areas, including successfully obtaining rehabilitation instead of prison time for one of his clients, Mr. Ridley will work with you as more than just your legal advocate. He truly desires to obtain optimal results for you or your loved ones, no matter what! Making himself available 24 hours, 7 days a week, he knows that arrests can happen at any time of the day or night. This is why he strives to be ready to help you in a moment’s notice.