Drug Charges
Drug Offenses can be prosecuted as a misdemeanor or felony. They often involve marijuana, heroin, methamphetamine, cocaine and prescription medications. Most misdemeanor offenses involve the alleged possession of a drug (HS 11377), possession of paraphernalia (BP 4140) or being under the influence of a drug (HS 11550).
Felony drug prosecutions also may result from the purported possession of a drug, or its possession (HS11350), transportation,or sale of a controlled substance (HS 11352). Whether charged as a misdemeanor or felony, the defendant is not guilty if the prosecutor cannot prove that s/he did not "knowingly" possess a use-able amount of the controlled substance. For instance, who owned or controlled the drugs must be proven. In addition, the prosecutor must prove the defendant knew the substance was a controlled substance.
In addition, whether the evidence was legally obtained must be explored. Was the search and detention of the defendant legal? Was the search of the car or home in violation of the Fourth Amendment? If the search and discovery of the drugs violated the defendant's rights, the evidence must be suppressed.
If the defendant did not know s/he possessed an illegal drug or the police illegally discovered the existence of the controlled substance, the prosecution must be dismissed.
When a person is charged with a drug offense, often there are many sentencing options available including P.C. 1000 or Deferred Entry of Judgment, drug court, outpatient and residential rehabilitation or the local reentry program.
If you or a family member is in trouble for a drug offense, email or call Stacie L. Patterson (619) 269-8074. She will fight for you.