Drug crime offenders make up nearly half of all inmates in California. Courts take these crimes seriously, so if you have been charged with a controlled substance offense, it is crucial to speak immediately with a Westminster drug lawyer. Our criminal defense attorneys at The Law Office of Scott D. Henry have the skills and experience needed to properly defend our clients against drug charges. We have strong relationships with local law enforcement, prosecutors, and judges that assist us in negotiating for dropped or reduced charges. We also have had great success in obtaining drug diversion programs for our clients instead of traditional punishment such as jail time.

Drug Diversion Programs

California Penal Code 1000 PC aims to offer defendants charged with a drug-related offense the opportunity to receive drug treatment in place of a conviction and its associated penalties. If you are eligible for the program following your drug charges, one of our skilled attorneys in Westminster could negotiate on your behalf to have you placed in diversion. If you successfully complete the program, the charges will be dismissed, and you will avoid a criminal conviction. If you do not complete the program, you will be convicted of the charge(s) and receive traditional court-imposed penalties.

Possession for Sale of a Controlled Substance

California’s Health and Safety Code 11351 HSC makes it illegal to possess for sale any controlled substance listed on the state’s Schedule of Controlled Substances. These substances include heroin, methamphetamine, LSD, cocaine, Oxycontin, Xanax, and Vicodin. To be convicted of a possession for sale charge, prosecutors must prove all of the following elements:

  • You possessed a useable amount of a controlled substance.
  • You knew the substance was in your possession.
  • You knew it was a controlled substance.
  • You possessed the controlled substance with the intent to sell it.

Convictions under 11351 HSC carry penalties that include up to four years in state prison, probation, and fines of up to $20,000. If there are aggravating factors, such as a high quantity of drugs, sentencing can be significantly harsher. It is also important to note that HSC 11351 falls under the Three Strikes Law. If you are convicted and it is your third “strike,” you will serve a minimum of 25 years in prison. A lawyer in Westminster could help you prepare a defense if you have been accused of drug possession with the intent to sell.

Simple Drug Possession

The most commonly charged drug crime is “simple drug possession.” California Health and Safety code 11350 HS makes it unlawful to possess a controlled substance without a valid prescription. Under Proposition 47, simple drug possession, or possession for personal use, is a misdemeanor. Convictions carry penalties of up to one year in jail, a $1,000 fine, and community service.

Speak with a Westminster Drug Attorney

If you have been charged with a drug-related crime, you need to act quickly. Contact a Westminster drug lawyer immediately. Our team at The Law Office of Scott D. Henry know how to effectively fight these charges and get our clients a desirable outcome. The consequences of a drug conviction can have long-lasting effects, so it is imperative to have superior legal representation on your side. Contact our legal team today for a free consultation with no obligation.

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