Drug Sentencing Laws

There are many alternatives to handling a drug case.  Prosecutors are aware of the options available to those convicted as simple users of narcotics, and are becoming more and more aggressive.  For example, often times they over file charges, also charging simple traffic misdemeanors in order to make the offender ineligible for drug treatment.  That is why it is so important that you contact a criminal defense lawyer familiar with this ever changing area of law.

One option for the person convicted as a first time offender is referred to as “DEJ”, or Deferred Entry of Judgment.  This allows the offender to complete a drug program and results in a dismissal of the case.

Another option is what is referred to as “Prop 36” (Proposition 36).  This relatively recent law allows an offender who meets certain criteria to complete a more comprehensive, intensive drug program.  If the offender completes the program, the case will be dismissed.  During the time the offender is doing the program, the person is on probation.  If the offender is violated on probation more than twice, the person could be sent to state prison.  Additionally, this failure to complete Prop 36 drug treatment could affect his or her options in the future.

All drug convictions result in the requirement that a person register with their local law enforcement as a narcotics offender.

When investigated or arrested for a drug crime, it is very important that you contact a criminal defense lawyer familiar with all of the available options, let alone how to properly defend your case and fight for you.  We will do everything we can, which includes taking your case to trial, to get you the proper result.

You have rights.  You should exercise those rights.  And the only way to do so is to hire a criminal defense attorney who handles these cases properly.

Do not talk to police.  Do not provide statements, even if you think they are statements which declare your innocence – they will only be twisted and used against you.  First, consult with a lawyer.

Do not consent to a search of your person/residence/vehicle.  Demand a search warrant.

Ask for your lawyer.  These are your constitutional rights – exercise them!

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