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 drug and the amount of drugs.

POSSESSION FOR PERSONAL USE

In California, eligible individuals may qualify for jail alternatives. Penal Code Section 1000 and Proposition 36 can be important alternatives to jail sentences.

In simple possession cases, Penal Code section 1000, or PC 1000, is an alternative to jail. 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 successful completion of the drug program. The program is 18 months long and if you successfully complete it, no jail and no conviction will result.

Proposition 36, or Prop 36 is also an alternative to a jail sentence. Under Prop 36, the possession conviction does not get dismissed after successful completion of the program, but jail is 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 and a non-related drug offense, you are INELIGIBLE for PC 1000.

Possession for sale charges are generally not eligible for a drug diversion program 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 and prior criminal record.

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) will have a detailed surveillance and investigation prior to an the arrest. Evidence can be strong 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 properly. If not issued properly, evidence obtained through wire tap warrants may be prohibited from being used against the accused. If evidence is prohibited from being used, charges could be dismissed if no other evidence is available.

Reviewing constitutional issues in drug crimes is very important in defending drug charges. Evidence obtained in violation of the Fourth Amendment to the US Constitution may not be admissible and if determined inadmissible, the prosecution cannot use such evidence against you in trial.

The Law Offices of Christian M. Ham has successfully defended serious drug charges.

Contact the Law Offices of Christian M. Ham today to discuss your legal options. Contact us online or call 619-236-1983.