If you’ve been arrested in Sacramento, CA on drug charges. You need an attorney who is Certified Legal Specialty:Criminal Law (State Bar of California) to defend you.
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Drug Possession in Sacramento, CA
Drug possession in Sacramento, CA, which includes the possession of marijuana, heroin, cocaine or methamphetamine, is the first criminal charge applied when someone is arrested and drugs are located. Authorities may then determine if there was intent to sell or distribute the drugs based on the amount found, which can increase the charges to the sale or trafficking of drugs.
Drug charges in Sacramento, CA are often serious offenses that can result in jail time. If you or a loved one has been charged with drug possession or intent to distribute, we can help you by with your legal defense.
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Drug Charges in Sacramento, California
Drug charges fall under the Health and Safety (H&S). The following are the most common types of drug charges:
Under the Influence of a Controlled Substance (11550 H&S)
This charge is a misdemeanor and it applies to individuals arrested for using or testing positive of an illegal substance such as prescription drugs without a valid prescription, heroin, cocaine, meth, or ecstasy.
Simple Possession of a Controlled Substance (11350 H&S)
It is a misdemeanor to possess narcotics such as heroin or cocaine. It may be charged as a felony if the person has a prior record for this charge.
Possession for Sale of Narcotics (11351 H&S)
It is a felony to possess illegal drugs with the intent of selling.
Sale or Transportation of a Controlled Substance (11352 H&S)
This law states it is a felony to sell, furnish, administer, transport, import, or give away narcotics into the state.
Possession of Drug Paraphernalia (11364 H&S)
This charge is usually a misdemeanor.
Simple Possession of Methamphetamine (11377(a) H&S)
This law states that anyone in possession of methamphetamine is breaking the law. The charge is a misdemeanor and It may be charged as a felony if the arrestee’s has a prior record for this charge.
Manufacturing Drugs and Narcotics (11379.6 H&S)
It is a felony to manufacture, produce, compound, or process a controlled substance.
Possession of Marijuana (11357(b) H&S)
While Proposition 215 allows limited legal exceptions to this law in California, marijuana law in the state still says it is illegal to grow, sell, possess, or use marijuana. The penalty for carrying a small amount of marijuana is usually a fine.
Possession of Hashish (11357(a) H&S)
Individuals in possession of a concentrated derivative of marijuana may be charged with a misdemeanor or felony.
Sale of Marijuana
This is a charge pressed against an individual caught in the act of selling marijuana. This charge also applies to anyone who furnishes or gives marijuana to another.
In California, police typically use the following factors to differentiate between someone who is merely in possession of illegal drugs and someone who intended to distribute the drugs.
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If law enforcement in Sacramento, CA finds a large amount of drugs or the drugs are packaged, it will likely be enough for an Intent to distribute charge. Other factors police will look at include voicemails, customer lists or cell phone messages that provide compromising evidence of intent to distribute, drug paraphernalia such as measuring equipment and scales, money lying around, and whether police or detectives can testify they saw drugs being exchanged.
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