Question: Can A Possession Of A Controlled Substance Charge Be Dropped?

How much time can you get for controlled substances?

California Health and Safety Code 11350 HS makes it a misdemeanor to have unlawful possession of a controlled substance.

The maximum sentence is one year in county jail and a fine of up to $1000.00..

What charge is possession of a controlled substance?

Penalties of controlled substance possession A first or second offense is a Category E Felony, which means you could face 1-4 years in prison. However, a first offense is often probationable, which means you may avoid prison and a conviction if your defense attorney can negotiate a drug treatment/rehab program for you.

Does having drugs in your system count as possession?

(7) the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. Obviously, a person can be charged with possession of a drug.

How long do drug dealers get in jail?

Sentences for drug distribution and trafficking can generally range from 3-5 years to life in prison but can be substantially higher when larger quantities are involved.

What happens if you get caught with prescription drugs?

If law enforcement officers catch you with prescription meds on your person without a doctor’s prescription, you could face serious charges that include jail time and fines.

How much do lawyers charge for drug cases?

Lawyer fee for a person charged with a drug case. A defendant charged with misdemeanor that goes to trial should look to pay a legal fee of $2,000 to $3,000. an attorney may want an advance of around $2,500 and $1,000 per day of trial in a felony case.

How do you beat a felony drug charge?

The following are some examples of defenses that could help you beat your drug charges:The drugs weren’t yours, and you were unaware that they were in your possession.Someone set you up.The lab made errors.The police did not follow proper procedures.You were illegally searched.

Do you have to pay for a lawyer if you lose?

The winning side usually has to pay its own attorney’s fees. To further this goal, the losing side doesn’t usually pay the winning side’s attorney’s fees. In the United States, the rule (called the American Rule) is that each party pays only their own attorneys’ fees, regardless of whether they win or lose.

Do first time felony offenders go to jail?

Felony crimes are punishable by prison time and sometimes a fine. … For example, many misdemeanors can come with up to one year of jail time. First-time offenders, however, often get their entire jail sentence suspended, meaning they serve no time in jail.

Can drug charges be dropped?

Compromise May Be Your Win In cases where your lawyer cannot get the charges completely dismissed, they may be able to strike a plea deal where you plead guilty to a lesser charge in exchange for a reduced sentence. … In some cases, compromise may be the best option on how to “beat” a felony drug charge.

Do first time drug offenders go to jail?

For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail.

Is 5th degree drug possession a felony?

As a felony-level drug offense, fifth degree possession or sale of is punishable by up to five years in prison and a $10,000 fine. However, with the assistance of an experienced drug crime defense lawyer, first-time offenders are very rarely sentenced to prison.

What makes a drug charge a felony?

If you are caught with illegal drugs, you are more likely to be charged with illegal drug possession with the intent to sell, which is a felony. If police seize large quantities of drugs, you may face drug trafficking charges, which result in felony charges and severe penalties including lengthy prison sentences.

Is one Xanax a felony?

Unlawful possession of Xanax results in state-level criminal penalties ranging from misdemeanors to felonies. Misdemeanor offenses are typically the result of possession in extremely small amounts, while felony offenses typically apply to larger quantities.

Do lawyers take payment plans?

Absolutely. Some lawyers are willing to make payment plan arrangements, but most will ask for a retainer. The retainer allows them to cover upfront expenses, and also shows the attorney that you are invested in your case.

How can I pay for a lawyer with no money?

Here’s how to find legal help if you can’t afford a lawyer:Contact the city courthouse.Seek free lawyer consultations.Look to legal aid societies.Visit a law school.Contact your county or state bar association.Go to small claims court.

What is the mandatory minimum sentence for drugs in the US?

Mandatory Minimums for Drug CrimesSubstanceMinimumMaximumSimple possession of a controlled substance with 1 prior conviction15 days2 yearsSimple possession of a controlled substance with 2 or more priors90 days3 yearsDrug kingpin20 yearsliferepeat offender30 yearslife26 more rows•Jan 11, 2018

What are the 5 types of controlled substances?

The five classes of drugs are narcotics, depressants, stimulants, hallucinogens, and anabolic steroids. The schedule the drug is placed under depends on its medical use, its potential for abuse, and its safety or how easily people become dependent on it.