You are not legally allowed to have prescription drugs in your possession in California if you aren’t the owner of a legitimate prescription for the drugs. Controlled substances like oxycodone or codeine are tightly regulated by California state laws. In general, if you are arrested for possession of a controlled substance in California, you will l likely be charged with a misdemeanor. Penalties associated with this type of offense include as high as $1,000 in fines in addition to as long as one year in jail. Not everyone will face misdemeanor charges, though, some circumstances may result in felony charges which have much stricter punishments.
The encouraging news for defendants facing unlawful possession of a controlled substance charge in California is that they may not have to spend time in jail. If you are facing charges related to a controlled substance, it is vitally important that you take your case to a qualified California criminal defense attorney. When you work with a Los Angeles criminal defense attorney at the Manshoory Law Group, you will have the most knowledgeable and well-informed legal representation regarding the numerous programs that exist which can help you avoid serving time in jail.
How Can You Become Eligible for a California Pretrial Diversion Program?
In California, a pretrial diversion program is a means for defendants to participate in either an education program or a treatment plan that will take the place of serving time in jail.
There are three types of programs available including:
- Under PC 1000 minor misdemeanor diversion
- Under PC 1001.36 mental health diversion
- Under 1001.81 Military diversion
Defendants eligible for one of these diversion programs will now, due to changes in the laws, not have to plead guilty to their criminal drug charges. The great thing about a diversion program is that it provides a defendant a second chance. Upon completion of a diversion program, a defendant will have their charges dropped and the history of the charges will be sealed. On the other hand, if a defendant is unable to successfully finish a diversion program, then their charges stay and they will proceed with the normal course of action within the California criminal justice system.
Defendants may be eligible for a pretrial diversion program in California if the following are true:
- No previous felony convictions exist within the last five years;
- No convictions in the last five years for controlled substances;
- There was no violence committed;
- There was no relation to narcotics at the time of the arrest.
Meet with a California Drug Crime Defense Attorney Today
Unlawful possession of a controlled substance in California comes with serious penalties, but depending on your situation, you may not have to suffer through these repercussions. The Los Angeles drug crime defense attorneys at the Manshoory Law Group are up to date on all of the classes and rehabilitation programs that can be substituted for jail time.