Arrested for a Drug Crime in California?
Our Fresno Drug Crime Lawyers Can Help You Fight State Charges
Though recreational use of marijuana is now legal in the state of California, not all of California’s drug laws have changed. The drinking age is still 21 and many drugs remain illegal such as: cocaine, amphetamines, heroin, MDMA and psilocybin. There are still many stiff penalties for using, selling, manufacturing and distributing such drugs in California. Possession of drug paraphernalia, transportation of drugs for sale and possession of drugs for sale also count as state drug crimes.
For certain types of drug offenses, there are programs that allow a person to have a conviction expunged or dismissed entirely. Some counties have specific drug programs that allow a person to receive treatment rather than serve jail time. This was made possible by Proposition 47 and PC 1000. These changes to state law make it vitally important to consult with competent Fresno drug crime lawyers like Kevin P. Rooney and Jeffrey T. Hammerschmidt at Hammerschmidt Law Corporation. Mister Rooney is a criminal lawyer in California who has represented many clients facing drug-related charges. Mister Hammerschmidt prosecuted state drug cases for more than 12 years and has now defended them for more than 12 years. They have helped many of their clients get into treatment programs that help them turn their lives around and puts them in a better position in the eyes of a judge and jury.
What Are Some Common State Criminal Charges in California?
State drug charges in California can be misdemeanors or felonies, depending upon:
- The type and amount of drug involved.
- Possession for personal use (a misdemeanor) versus possession for sale (a felony).
- Your prior criminal record, the circumstances of the crime or any aggravating factors, such as gang involvement, violence, possession of weapons, presence of a minor and the location. Drug crimes in California are viewed more harshly if they take place within 1,000 feet of drug-free zones like schools, playgrounds, swimming pools and youth centers.
Proposition 47, passed in November 2014, reduces certain drug possession charges from felonies to misdemeanors. Those serving jail time for drug possession felonies can petition the court for resentencing so long as they have not also been convicted of rape, murder or are a convicted sex offender. If you are serving time for a drug crime committed in Fresno, then you will want to speak with a Fresno drug crime lawyer about whether or not Proposition 47 applies to your case.
Can I Have a California Drug Conviction Expunged?
Due to California Penal Code 1000, drug offenders have the option of deferring court proceedings for treatment and education about their addiction. Upon the successful completion of a drug treatment program, the offender may have the charges dropped or expunged from their record. However, the offender will have to plead guilty and the judge will decide if they are eligible. If they do, criminal proceedings are put on hold for 18 months to 3 years to give the offender time to complete a rehabilitation program.
You qualify for a drug diversion program if:
- You have no prior convictions for drug-related crimes.
- The current charge is for a non-violent offense.
- You have no history of parole or probation violations.
- You do not have a felony conviction within the last five years.
- You have not participated in a drug diversion program in the last five years.
A judge may determine that you would not benefit from such a program or that you have not successfully completed it. At that point, the judge may enforce charges on you. Please consult with Fresno drug crime lawyers if you have committed a California drug crime and would like to see if you qualify for a drug diversion program.
Questions? Call Our Fresno Drug Crime Lawyers Now
Reach out to the Hammerschmidt Law Corporation if you or a loved one are facing state drug charges in California. We understand criminal defense from both a prosecutor’s and defense counsel’s position. We will hear you out and try to achieve the best possible result, which could hopefully involve a “not guilty” decision, dismissed charges or expungement.
Call for a free consultation at (559) 258-2298 or contact us online. For your convenience, we have Spanish speakers on staff.