Anytime you are arrested for a crime, it is always a good idea to contact a criminal defense attorney. This is especially important when you are charged with a crime that can result in a sentence of jail time, such as drug crimes.
If you have recently been arrested for any type of drug crime, including crimes involving illegal possession of drugs and possession with intent to sell drugs, call California criminal law attorney Johann Hall. As an attorney handling drug crime cases, Johann Hall has delivered successful results for many of his clients, ranging from outright dismissal of drug charges to plea deals.
Why Shouldn’t I Just Represent Myself and Save Money?
It is almost always a bad idea to represent yourself in a criminal case, especially if you are not an attorney. Even attorneys are advised never to represent themselves if they are involved in a criminal or civil case. It is very difficult to know the particulars of the laws and statutes that are relevant to your case without having the extensive experience with them that attorneys have.
Each criminal case has its own unique set of facts, and different statutes may come in to play depending on the circumstances of each case. For these reasons, it is to your benefit to hire an experienced criminal defense attorney to represent you rather than taking on this job yourself.
Benefits of Having a Criminal Attorney Represent You in Your Drug Case
There are many benefits to hiring a criminal defense attorney if you have been charged with a drug crime. Your attorney can negotiate plea deals with the prosecutors and may be able to secure a better result for you by having your charges reduced and getting you a lesser sentence. This is quite difficult to achieve if you are representing yourself.
If you are convicted, your attorney may also be able to argue to the judge that the mitigating factors in your case should result in a lesser sentence. Mitigating factors are extenuating circumstances that can cause your sentence to be reduced for a variety of reasons, such as your age or mental state, or prior criminal history (or lack of).
Another benefit you receive from hiring an attorney is to get objective advice on your case. This is especially important if the prosecutor offers you a plea bargain. Your attorney can explain the pros and cons of the offer and advise you what kind of sentence you may be faced with if you reject the plea bargain and move forward with a trial in your drug case.
A Criminal Attorney Has In-Depth Knowledge of the Laws that May Apply to Your Case
Your attorney will be familiar with important statutes that are relevant to the drug charges you are facing, which may be difficult to find and comprehend by someone who is not an attorney. There are several criminal law rules that are present in court interpretations of state and federal statutes, so having an attorney with experience with this area of law can help you form the best defense for your case. For example, you may have heard the phrase “unreasonable search and seizure,” but may not know exactly what constitutes an unreasonable search and seizure to the extent that it could cause evidence to be disregarded in your own case. Your attorney will be familiar with the laws and interpretation of what an unreasonable search and seizure consist of based on rulings by California appellate court opinions.
Your Attorney Can Help You Understand the Lasting Impact A Conviction May Have on Your Future
There are some drug crimes in California that may result in a misdemeanor on your record if convicted, while other drug crimes are felonies. If you are charged with a drug crime that is a felony, your attorney can explain how this felony can affect your future. For example, most people are aware that having a felony on your record will show up in background checks and may impact any future job searches. However, not everyone is aware of how the facts and circumstances of a felony drug conviction can trigger the application of the “Three Strikes Rule” under California law. Your criminal drug attorney can explain if the crime you have been charged with, along with any prior criminal history you may have could result in a more serious sentence due to the application of the Three Strikes Rule. Contact us through our online contact form or at (707) 360-8717 to see how we can help you.
FAQ: Drug Crimes in California
1. What is considered a drug crime in California?
A drug crime in California includes a range of offenses such as illegal possession of drugs, possession with intent to sell, manufacturing, trafficking, and distribution. California has strict laws governing controlled substances, and even minor offenses can lead to severe penalties.
2. What are the penalties for drug possession in California?
Penalties for drug possession in California vary based on the type and amount of the drug. Simple possession of a controlled substance can lead to a misdemeanor charge, punishable by up to one year in jail and fines up to $1,000. For larger quantities or intent to sell, the penalties can escalate significantly.
3. Can I get a drug possession charge dismissed in California?
Yes, it’s possible to get a drug possession charge dismissed. An experienced criminal defense attorney can challenge the legality of the search and seizure, the accuracy of lab results, or negotiate for alternative sentencing like drug diversion programs.
4. What is possession with intent to sell?
Possession with intent to sell is a charge that indicates the individual had drugs not just for personal use but for distribution. Evidence such as large quantities of drugs, packaging materials, or large sums of money can support this charge, which carries more severe penalties than simple possession.
5. How can a criminal defense attorney help with a drug crime case?
A criminal defense attorney can provide invaluable assistance by negotiating plea deals, challenging evidence, and representing you in court. Their expertise can help reduce charges or secure alternative sentencing like probation or drug treatment programs.
6. What are California’s laws on marijuana possession?
As of 2018, adults over 21 can legally possess up to one ounce of marijuana for personal use in California. Possession of more than one ounce or possession by minors remains illegal and can result in criminal charges.
7. What is the Three Strikes Law in California?
California’s Three Strikes Law mandates severe penalties for repeat offenders. A third felony conviction can lead to a life sentence. Drug crimes can count as strikes if they involve serious or violent felonies, significantly impacting sentencing.
8. What should I do if I’m arrested for a drug crime?
If you’re arrested for a drug crime, remain calm and invoke your right to remain silent. Contact a criminal defense attorney immediately to ensure your rights are protected and to start building a defense strategy.
9. Can a drug crime conviction affect my future employment?
Yes, a drug crime conviction can appear on background checks, making it difficult to secure employment. Felony convictions, in particular, can have long-lasting impacts on job prospects, housing opportunities, and even professional licenses.
10. What are mitigating factors in a drug crime case?
Mitigating factors can influence the severity of sentencing in a drug crime case. These include the defendant’s age, mental health, lack of prior criminal history, and circumstances surrounding the offense. A skilled attorney can argue these factors to seek a reduced sentence.
