In California, many drugs have been determined to be controlled substances, and their use, possession, manufacture, and distribution have been outlawed. Certain acts are considered to be crimes under both federal and state laws. Narcotics offenses are examples of such crimes. Accordingly, both federal and state may prosecute a defendant for the same offense.
The offenses prosecuted range from those considered relatively minor, such as marijuana possession, to those considered most egregious, such as possession for sale of larger quantities of cocaine or heroin, often charged with various enhancements for weight, firearm possession, or prior convictions. The eventual resolution of the case depends on many varied factors, including the legality of the search or seizure in the case, and whether the drugs were intended for personal use or for sale. Thus, you need a competent criminal defense attorney on your side to make sure that your case is handled in the correct manner.
Many issues arise concerning whether a defendant qualifies for Proposition 36 sentencing, and, if so, when probation can be revoked. These issues should be argued by an attorney because consequences have lasting effects. Some of the most important problems, such as which crimes qualify as drug possession offenses, what type of current charges and priors render a defendant ineligible for Proposition 36 sentencing, when a judge is allowed to revoke probation and impose a custodial sentence, and the consequences for the defendant of completion of a drug program, are all areas that a tactful attorney will ensure are undertaken with your interests as the number one priority.
Also, the Compassionate Use Act of 1996, also known as the Medicinal Marijuana Act, is a state initiative that impacts drug cases. Although this law is confined to marijuana cases, it provides a defense to possession, cultivation, and distribution crimes when they are committed for personal medical purposes and recommended by a physician.
The attorney at the Law Office of Brett Parker Davison has extensive knowledge of the system and can begin building a strategy for your defense immediately. Once a person becomes entangled in the criminal system, it is very difficult to detach from the government’s strings. Thus, it is crucial that you have a criminal defense attorney that can fight for your rights. Call now for a FREE consultation and to begin the process to resolve your issue at (909) 480-8094!