Newport Beach Drug Crime Lawyer

Types of Drug Crimes

Drug crimes can be charged as either misdemeanors or felonies, depending on the circumstances. Misdemeanor drug crimes are those involving small amounts of drugs, while felonies typically involve large quantities of drugs, as well as other aggravating factors, such as the alleged sale of drugs.

Common drug crimes in California include:

• Drug possession: It is illegal to possess controlled substances, such as cocaine, methamphetamine, and heroin, in California. However, the state has decriminalized the possession of small amounts of marijuana, and it is now only punishable by a small fine.
• Drug possession with intent to distribute: Prosecutors will often charge people with this crime when they are found with drugs in an amount that is too much for personal use. Possession with intent to distribute is a felony and carries harsh penalties upon conviction.
• Drug trafficking: Drug trafficking involves the sale, transportation, or importation of illegal drugs. This is a felony offense, and a conviction can result in years or even decades behind bars.
• Prescription drug fraud: These crimes involve the illegal possession, use, or sale of prescription drugs. Prescription drug fraud is a crime in which the accused person allegedly used deceit or fraud to obtain prescription drugs.
• Drug manufacturing: California law prohibits the manufacturing of controlled substances, such as methamphetamine. Drug manufacturing is a serious felony offense that is aggressively prosecuted in the state.
• Drug conspiracy: Drug conspiracy involves an agreement between two or more people to commit a drug crime. This is a separate offense from the underlying drug crime and is punished severely.

Alternative Ways to Avoid a Drug Conviction

Drug courts are specialized court dockets that handle cases involving non-violent drug offenders. They aim to provide alternatives to traditional criminal justice processes for individuals whose criminal behavior is driven by substance abuse.

Participants in drug court programs typically undergo regular drug testing, attend counseling sessions, participate in substance abuse treatment programs, and comply with other court-mandated requirements. Successful completion of a drug court program often results in reduced or dismissed charges, while failure to comply may lead to traditional criminal penalties.

Furthermore, drug diversion programs are alternatives to prosecution for individuals charged with drug-related offenses. These programs aim to divert individuals away from the criminal justice system and toward treatment and rehabilitation services.

Drug diversion programs may be offered to eligible defendants at various stages of the criminal justice process, including pre-trial diversion, pre-plea diversion, or post-plea diversion. Similar to drug court, successful completion of a drug diversion program may result in charges being dismissed or reduced, and in some cases, the individual may be eligible to have their arrest record sealed or expunged.