Drug Possession

Methamphetamine · Ecstasy · Cocaine · Marijuana · Prescription Drugs

As a former major drug crimes prosecutor, I have seen almost every scenario when it comes to drug possession charges. I have the experience as a Sacramento region drug possession defense attorney to act decisively to protect the rights of my clients charged with the possession of recreational drugs, serious street drugs, or possession of pharmaceutical drugs like OxyContin, Xanax or Vicodin without a prescription.

In any drug possession case, my main goal is to get the charges dismissed and to keep you out of jail.

Many times, a charge of drug possession arises from a traffic stop. There may be additional charges relating to driving under the influence of drugs (DUID). I can handle these complex cases and the important issues such as an unlawful stop or illegal search and seizure, which can make all the difference in a drug possession case. Contact my office in downtown Sacramento now for a free consultation.

Proposition 64With voter approval in November 2016 of Proposition 64, it is now legal for Californians 21 years of age and older to possess and use marijuana. Some of the rules are that individuals may possess up to one ounce (28.5 grams) of marijuana, grow up to six marijuana plants in their home, and give to other adults up to one ounce of marijuana.

Important restrictions are that marijuana cannot be used in public places, in a vehicle, or where smoking is not allowed; marijuana cannot be possessed in schools, day care centers, or youth centers; plants cannot be cultivated in areas that are unlocked or can be seen from public areas; marijuana may not be given to minors; and people can still be cited for DUI if they drive while impaired by marijuana. Moreover, possession of more than an ounce is still categorized as a misdemeanor with penalties of up to six months in jail and a $500 fine. 

One of the key provisions of Proposition 64 is that people with previous convictions for marijuana possession, possession for sale, transportation, cultivation, and use may apply to the courts for reduction or dismissal of their sentences. This applies to people currently serving jail or prison terms or on probation as well as to those who have completed their sentences. For those who qualify, the penalties would be changed to whatever is required under Proposition 64 with their sentences reduced or convictions dismissed. Criminal records would be changed accordingly.

Proposition 64 does allow the courts to deny resentencing if someone is considered dangerous or likely to engage in severe criminal activity. In addition, courts are given the authority to require probation for people who are currently serving jail or prison terms.

Call me at (916) 442-1200 to discuss your case.

Proposition 47In November of 2014, California voters passed Proposition 47, which lessened the penalties for certain nonviolent and non-serious drug and property crimes. For drug offenses, this represented a major change in California criminal law. Some crimes that in the past could be charged as felonies can now be charged as misdemeanors, which means shorter incarceration times and more opportunities for participation in drug treatment programs.

Before the passage of Proposition 47, possession of drugs for personal use could be charged as either a misdemeanor or a felony, depending on the type and amount of drugs. Now, in most instances, possession of illegal drugs other than marijuana is classified as a misdemeanor. With the passage of Proposition 64, personal possession and use of marijuana by people age 21 and over is legal in California.

A key aspect of Proposition 47 is that it allows people currently serving time in state prison for felony drug offenses to ask the courts to reduce their sentences to misdemeanors. Moreover, people who have completed sentences for felony drug convictions may petition to have the convictions reduced to misdemeanors. This resentencing can be of great benefit to those seeking employment.

Keep in mind that Proposition 47 applies to non-violent drug offenses. Incidents that involve violence or possession for sale may still be charged as felonies.

Federal Marijuana LawsThough California has legalized personal possession and use of marijuana, it is still illegal under federal law. The current practice of the United States Department of Justice, however, is that it will not prosecute most instances of personal possession and use of marijuana.

Parents of College Students Charged With Possession
California State University - Sacramento · University of California - Davis

It is one of a parent's worst nightmares: A call in the middle of the night telling you that your son or daughter has been arrested. I can step in to ensure that your child's rights are protected and that potential disaster is averted whenever possible.

I can take immediate action to protect the rights of students at Sac State, UC Davis, Sacramento City College, Sierra College, Folsom Lake College, American River College, Cosumnes College or any other college, university or technical school in the Sacramento area. Contact me day or night to get your child the legal help they need to minimize the long-term consequences of a serious lapse in judgment.

Diversion Programs: Do You Qualify?

Most nonviolent offenders qualify for diversion programs. I am often able to negotiate a favorable deal and make certain the charge is eventually removed from your record. I work hard to cover all the bases and make sure your case is on track to prevent any potential probation violation.

Drug Possession Defense · Free Consultation

For a free consultation, contact me online or call my Sacramento law office at (916) 442-1200.