Orange County Drug Crime Attorney
Possession, Sale & Related Offenses
When you have been charged with a drug-related offense, it is very important that you speak with an experienced lawyer who can help you with your defense. Even if you do not have a prior criminal record, you could still face very serious consequences if you are convicted. It is crucial that you do everything in your power to defend yourself and maintain your rights throughout your criminal trial. An Orange County criminal defense lawyer at The Law Office of Bruce C. Bridgman can guide your case through with the intention of achieving a desirable outcome. Narcotic and drug offenses include many different crimes, such as distributing, trafficking, selling, possessing or manufacturing controlled substances. If your alleged crime includes the following drugs, you could face enhanced punishment:
- Cocaine
- PCP
- Ketamine
- Peyote
- Meth
- Mushrooms
- LSD
- MDMA/ecstasy
- DMT
- Heroin
The above substances are classified by the United States Drug Enforcement Agency (DEA) as Schedule I narcotics, meaning that they have a very high potential for abuse. Therefore, the consequences for crimes involving these drugs can be severe.
Types of Drug Crimes
Drug Possession
This is the most common type of drug offense. It is usually considered a misdemeanor, unless the amount of the narcotic was excessive or the individual had prior drug offenses. Possession of marijuana is now only an infraction in California.
Drug Sale
Possession for sale of an illegal narcotic can be considered a felony or misdemeanor. The penalties will vary depending upon the amount of the substance as well as the type or "schedule."
Medical Marijuana
It is illegal to possess medical marijuana in the state of California if you are a medical marijuana card-holder (MMIC). The maximum amount a person can have at one time is 8oz. dried, 6 mature plants or 12 immature plants.
Trafficking
Trafficking and transporting illegal narcotics is considered part of the black market. This serious felony offense requires aggressive defense.
The California Uniform Controlled Substances Act
Drug crimes in California are outlined in the Health and Safety Code § 11377-11382.5. With the passage of the Synthetic Drug Abuse Prevention Act of 2012, synthetic substances such as K2, spice and bath salts are now considered illegal to possess or sell just as their natural counterparts like marijuana and LSD. The controlled substances act classifies drugs by schedules such as Schedule I, II and III. Schedule I are the most severe type of drugs. Drugs like marijuana and methamphetamine are on this list. While simple possession might be considered a misdemeanor, the sale or transportation of even a lesser Schedule drug can be considered a felony.
In California, there is something called the "Drug Diversion Program" otherwise known as "Deferred Entry of Judgment (DEJ)." This is an alternative method of sentencing for some qualifying individuals. Basically, a person arrested and charged with a drug crime will plead guilty to the charges, but their sentence will be "deferred" until completion of a drug diversion program which could include drug counseling or rehabilitation. If the program is successfully completed, then the charges can be dropped and the sentencing avoided. Some individuals who might qualify are those with no prior drug offenses, those arrested for simple possession or those whose crime did not include a violent crime.
What should I do if I am under investigation for a drug crime?
It is in your best interests to speak with an attorney immediately if you are aware that law enforcement agencies (federal or state) are investigating you for narcotic-related offenses or medical marijuana offenses. The sooner you being building a possible defense, the better you will be prepared if you are actually charged. At their firm, they are extremely experienced and dedicated to providing you with a solid defense that is geared to protect your rights and freedoms in the face of any possible criminal charge. Your attorney at their office will work tirelessly to uphold your best interests throughout the duration of your case. You should be able to trust your legal representative to provide you with the best possible defense – that is why Mr. Bridgman and his team will use every resource to give you the defense that you deserve.