How Would A Drug Offense Be Determined To Be Either A Felony Or A Misdemeanor?
Due to Proposition 47, drug possession for personal use charges in California are now misdemeanors; in order for a drug possession charge to be a felony, you must do something for than simply possess for personal use, such as: possess it for sale, attempt to sell it to another party, or transport it for sale.
Does The Type Of Drug Impact The Level Of Charge That A Defendant Faces?
The greater the quantity of drugs, the more likely it is that the police and prosecutors will believe that you possess those drugs for sale rather than personal use. Other factors would also be considered, such as evidence of the intent to sell found on a cell phone and the presence of drug paraphernalia at the time of the arrest.
What Are The Sentencing Guidelines In San Francisco County For A Felony Drug Conviction?
State law sentencing on felony drug offense can carry a punishment of 16 months, two years, three years, four years, or five years in state prison, depending on the controlled substance. One would need to conduct individual case research in order to determine which sentence would apply to a particular case. For certain drug felonies, state sentences require time served in the local jail as opposed to state prison. There are certain enhancements that will make those felonies state prison commitments, meaning that the time would have to be served in state prison.
In the alternative, San Francisco has many alternative courts which may apply to certain drug cases in light of the circumstances (i.e.: drug diversion, drug court, behavioral health court, young adult court, veteran’s court). Your attorney should be well advised of their existence and how to get into them.
What Are Some Alternative Programs Available To Drug Offenders In San Mateo County?
San Mateo is well-regarded as being pretty strict and conservative when it comes to criminal prosecution, but there are a couple of alternative programs for drug offenders. For example, if you can demonstrate drug use prior to an arrest, then it may be possible for you to get into the San Mateo Drug Court. Prison is not mandatory in drug cases, but aggravating factors such as the amount of drug and number of prior convictions could result in a prison sentence. For example, if you have a prior sales conviction, then the district attorney would probably sentence you to a lengthier sentence served in state prison.
In certain circumstances, San Mateo County does have some other alternative programs that one with a drug case may be eligible for.
Can A Felony Drug Charge Be Reduced To A Lesser Offense In San Francisco County?
A felony drug charge could be reduced to a lesser offense in San Francisco County; whether or not this happens will depend entirely on the facts and circumstances of your case, as well as your attorney’s ability to argue for a lesser offense on your behalf. Alternatively, motions to suppress evidence based on illegal searches and seizures or procedural issues could result in your case being dismissed or negotiated to a lesser offense.
For more information on Felony & Misdemeanor Drug Charges In CA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 484-0906 today.