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Boy and girl in car exchanging drugs and money, depicting a drug deal - Manavi Law GroupA simple possession is called simple, but under certain circumstances, can be anything but. These charges typically arise from possessing a controlled substance for personal use, often found in small quantities. Even if you have what seems to qualify for a simple possession, other factors could lead to different consequences, such as a DUI arrest. Continue reading to explore drug-related charges in California, learning:

What Is A Simple Possession Charge?

A simple possession charge typically refers to the possession of a controlled substance for personal use in a quantity that suggests it is not intended for distribution or sale. The substance is usually found in a single container and is considered to be for the individual’s own consumption.

The specific quantity that constitutes simple possession can vary depending on the jurisdiction and the type of drug involved. Additionally, substances obtained without a valid prescription, such as certain prescription medications, may also lead to simple possession charges if they are not legally prescribed to the individual in possession.

If Caught With A Small Amount Of Marijuana In CA, I Have Heard I Will Just Receive A Citation And Will Not Be Arrested. Is That True?

Generally speaking, possessing a small amount of marijuana in California may result in receiving a citation rather than being arrested. This is especially the case recently. However, it’s essential to consider other factors.

For instance, if you’re found with marijuana while driving, you could still be arrested for driving under the influence (DUI), even if it’s a small amount. You have to be careful about not just what you’re possessing but what you’re doing while in possession.

What Are The Penalties For Drug Possession In California?

The penalties for drug possession in California vary depending on the type of drug and the quantity involved. Possession of drugs like marijuana, cocaine, and methamphetamine, even in personal use quantities, could theoretically lead to jail time or even prison sentences, though recent trends show reduced prosecution for marijuana possession.

However, the severity of the penalty also depends on additional factors. For instance, possessing drugs alongside items that indicate you may be looking to distribute the drugs, such as scales or plastic bags, could result in charges for possession with the intent to distribute.

Similarly, the location where the possession occurs, such as a nightclub, can influence the charges and potential penalties. Be vigilant to remain mindful of the many factors that play into these determinations, not merely how much of the drug has been found on the defendant.

Are There Any Alternative Programs Available For First-Time Offenders?

California offers various alternative programs for first-time offenders, depending on the type of drug involved and the offender’s willingness to participate in drug treatment programs. These programs may be funded by the state or require the offender to pay out of pocket.

Participating in these programs can result in confidentiality of the arrest and conviction, which may not adversely affect future employment prospects. If you’re arrested and believe you may be eligible for an alternative program, it’s worth contacting a lawyer who can help navigate these options to mitigate potential long-term consequences.

Can Possession Charges Be Dropped?

Possession charges can be dropped through various means in California. One effective way is by suppressing the search, which could lead to the charges being dismissed.

Additionally, participation in a drug treatment program or completion of community service, as allowed by certain judges, may result in the dismissal of charges. Seek the guidance of an experienced lawyer who can assist in exploring these options and navigating this aspect of your legal process.

Can You Go To Jail For Simple Possession?

Although it is possible to go to jail for simple possession, the likelihood of this happening is quite low. Factors such as the jurisdiction and the specific circumstances of the possession weigh into it. In some areas, law enforcement may prioritize other offenses over simple possession of drugs like marijuana, leading to fewer arrests and prosecutions. However, for certain controlled substances or in cases involving larger quantities, law enforcement may pursue charges that could result in jail time.

For more information on Drug Related Charges In California, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 879-5616 today.

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