A simple possession is called simple, but under certain circumstances, can be anything but. These charges typically arise from possessing a controlled substance for personal use, often found in small quantities. Even if you have what seems to qualify for a simple possession, other factors could lead to different consequences, such as a DUI arrest. Continue reading to explore drug-related charges in California, learning:
- About the penalties for drug possession in California.
- Whether alternative programs for drug possession offenders are available.
- Whether drug possession charges can be dropped or not.
What Is A Simple Possession Charge?
A simple possession charge typically refers to the possession of a controlled substance for personal use in a quantity that suggests it is not intended for distribution or sale. The substance is usually found in a single container and is considered to be for the individual’s own consumption.
The specific quantity that constitutes simple possession can vary depending on the jurisdiction and the type of drug involved. Additionally, substances obtained without a valid prescription, such as certain prescription medications, may also lead to simple possession charges if they are not legally prescribed to the individual in possession.
If Caught With A Small Amount Of Marijuana In CA, I Have Heard I Will Just Receive A Citation And Will Not Be Arrested. Is That True?
Generally speaking, possessing a small amount of marijuana in California may result in receiving a citation rather than being arrested. This is especially the case recently. However, it’s essential to consider other factors.
For instance, if you’re found with marijuana while driving, you could still be arrested for driving under the influence (DUI), even if it’s a small amount. You have to be careful about not just what you’re possessing but what you’re doing while in possession.
What Are The Penalties For Drug Possession In California?
The penalties for drug possession in California vary depending on the type of drug and the quantity involved. Possession of drugs like marijuana, cocaine, and methamphetamine, even in personal use quantities, could theoretically lead to jail time or even prison sentences, though recent trends show reduced prosecution for marijuana possession.
Attorney Saman Manavi, based in Beverly Hills, California, and serving clients throughout the state, is a dedicated legal professional with extensive experience defending individuals facing drug-related charges, including simple possession cases. Manavi draws on his profound understanding of California's drug laws and deep commitment to protecting clients' rights to deliver the results they need in court. Attorney Manavi has helped countless people make it to the other side of their drug possession charge. From exploring alternative programs for first-time offenders to advocating for clients in court, he provides compassionate and strategic legal representation aimed at bringing you the best possible outcome possible. If you're facing drug possession charges, don't face them alone. Contact Manavi Law Group, APLC today for guidance and support.
However, the severity of the penalty also depends on additional factors. For instance, possessing drugs alongside items that indicate you may be looking to distribute the drugs, such as scales or plastic bags, could result in charges for possession with the intent to distribute.
Similarly, the location where the possession occurs, such as a nightclub, can influence the charges and potential penalties. Be vigilant to remain mindful of the many factors that play into these determinations, not merely how much of the drug has been found on the defendant.
Are There Any Alternative Programs Available For First-Time Offenders?
California offers various alternative programs for first-time offenders, depending on the type of drug involved and the offender’s willingness to participate in drug treatment programs. These programs may be funded by the state or require the offender to pay out of pocket.
Participating in these programs can result in confidentiality of the arrest and conviction, which may not adversely affect future employment prospects. If you’re arrested and believe you may be eligible for an alternative program, it’s worth contacting a lawyer who can help navigate these options to mitigate potential long-term consequences.
Can Possession Charges Be Dropped?
Possession charges can be dropped through various means in California. One effective way is by suppressing the search, which could lead to the charges being dismissed.
Additionally, participation in a drug treatment program or completion of community service, as allowed by certain judges, may result in the dismissal of charges. Seek the guidance of an experienced lawyer who can assist in exploring these options and navigating this aspect of your legal process.
Can You Go To Jail For Simple Possession?
Although it is possible to go to jail for simple possession, the likelihood of this happening is quite low. Factors such as the jurisdiction and the specific circumstances of the possession weigh into it. In some areas, law enforcement may prioritize other offenses over simple possession of drugs like marijuana, leading to fewer arrests and prosecutions. However, for certain controlled substances or in cases involving larger quantities, law enforcement may pursue charges that could result in jail time.
For more information on Drug Related Charges In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 4159-499 today.
Attorney Saman Manavi, based in Beverly Hills, California, and serving clients throughout the state, is a dedicated legal professional with extensive experience defending individuals facing drug-related charges, including simple possession cases. Manavi draws on his profound understanding of California's drug laws and deep commitment to protecting clients' rights to deliver the results they need in court.
Attorney Manavi has helped countless people make it to the other side of their drug possession charge. From exploring alternative programs for first-time offenders to advocating for clients in court, he provides compassionate and strategic legal representation aimed at bringing you the best possible outcome possible. If you're facing drug possession charges, don't face them alone.
Contact Manavi Law Group, APLC today for guidance and support.