Drug related charges run the gamut from minor possession, which usually results in a court referral to a drug diversion program to the very serious charge of drug manufacturing, which carries the potential for a long prison sentence. Whatever the charge, representation by an experienced criminal defense attorney can make a huge difference in the outcome. A good defense lawyer is often able to get minor drug use or possession charges dismissed outright and sales charges reduced to simple possession, with a possibility of dismissal if a drug diversion program is ordered. For the more serious charges that carry sentences of confinement, an experienced attorney can often get the sentence of confinement waived and a grant of probation ordered instead of a jail or prison sentence.
SIMPLE POSSESSION- A violation of this section means that someone was found with a “controlled substance” in their possession, usually in a small quantity and without any indicators that there was an intention to sell the substance. “Controlled substance” includes a wide variety of drugs and chemicals regulated by California statute and the United States Controlled Substances Act, but here we will refer to these substances simply as “drugs.”
DRUG SALES OR POSSESSION FOR SALE- When a person if found to possess an illegal drug in an amount considered to be more than an amount for personal use and/or various items are also found, such as scales, packaging materials, and pay/owe sheets, the prosecution will almost always charge “possession for sale.” This is true even when the amount of drugs found is small but evidence of sales is present or when a heavy user has more than the amount the prosecution deems an amount for “typical” personal use.POSSESSION OR SALE OF METHAMPHETAMINE AND CERTAIN OTHER DRUGS, MANUFACTURING DRUGS