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Are You Being Charged with Drug Possession?

The drug laws have very much been in flux in recent years. From the odd legal distinction between crack and cocaine that dominated the headlines in the 1980s to the Compassionate Use Act in 1995 to the passage of Proposition 64 in 2016, knowing the law and the changing environment in which is it practiced is vital if you or someone you know is charged with a drug crime.

Governed by the Welfare & Institutions Code, drug crimes range from minor infractions to serious felonies. Many crimes are eligible for diversion—which results in a dismissal of the charge as if it never occurred—or treatment in lieu of criminal penalties. Other crimes, such as possession for sale or transport of large quantities of drugs, are punishable by time in state prison.

Frequently, finding drugs on someone is the result of a traffic stop. You need an attorney who can challenge the legality of this stop and thereby negate the fruits of the police officers’ unlawful search. Similarly, drugs found in a home may be the result of a warrantless search or, if consent was given, that consent was improperly secured under threat or undue influence. Our job—and we are very good at it—is to examine all aspects of the District Attorney’s allegations and see where we can exploit an error or, alternatively, to mitigate the consequences so you or your loved one can take advantage of the ever-changing world of drug laws.

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