Drug Possession and Drug Trafficking Defense
Mr. Ham has represented clients in serious drug cases including possession for sale and transportation of 1,900 pounds of marijuana as well as transportation and possession for sale of more than 40 pounds of methamphetamine. Mr. Ham has also obtained dismissals in drug cases such as a possession for sale and transportation of 2 pounds of cocaine.
Criminal drug charges vary from simple possession to possession for sale and transportation for sale. Determining the seriousness of your case is the first step in preparing for a legal defense. A possible jail and or prison sentence depends on several factors such as the type of drugs and the amount of drugs.
POSSESSION FOR SALE
Possession for sale charges (non-marijuana) are not eligible for a drug diversion programs like PC 1000 or Prop 36. Possession for sale charges can have substantial jail and prison sentences depending on the type and quantity of drugs.
Drug transportation charges are also not eligible for drug treatment programs such as PC 1000 and Prop 36. Transportation conviction sentences can range from two, three, and four years in prison. Transportation of certain drugs and certain quantities can substantially increase the maximum prison term. However, depending on the type and quantity of the drugs, probation may be an alterative to prison.
Often, federal agencies such as the Drug Enforcement Administration (DEA) conduct detailed wiretap surveillance and investigation prior to an arrest. Evidence is often overwhelming in these types of cases. However, wire taps and other electronic surveillance gathering techniques require court authorization in the form of warrants. Court warrants must be reviewed carefully to determine if such warrants were issued improperly. If not issued properly, evidence obtained through wire tap warrants may be prohibited from being used against the accused.
Reviewing constitutional issues in drug crimes is very important in defending drug charges. Evidence obtained in violation of the Fourth Amendment to the United States Constitution may not be admissible and if determined inadmissible, the prosecution cannot use such evidence against you in trial.
POSSESSION FOR PERSONAL USE
In California, eligible individuals may qualify for jail alternatives. Penal Code Section 1000 and Penal Code section 1210, commonly known as Proposition 36, can be important alternatives to jail sentences.
In simple possession cases, Penal Code section 1000, is an alternative to custody. PC 1000 is a drug diversion program that can result in the dismissal of a drug case after successful completion in the program. If you are PC 1000 eligible, a conviction can be dismissed upon satisfactorily complying with the terms.
Proposition 36, or Prop 36 is also an alternative to a jail sentence. Under Prop 36, the drug conviction does not get dismissed after successful completion of the program, but jail can be avoided.
Only individuals with certain possession charges and certain criminal records are eligible for PC 1000 and Prop 36. If you are charged with possession along with a non-related drug offense, you are INELIGIBLE for PC 1000.
Contact us by calling (619) 236-1983.