/drug-crimesFRESNO CRIMINAL DEFENSE ATTORNEY
JONATHAN ROOKER
CAN HELP YOU WITH YOUR DRUG CHARGE
DRUG CHARGES?
Drug crimes can have severe and detrimental effects on a person's life. There are strict punishments, which may include registration, prison, jail, probation, and Prop 36 drug court. Rehabilitation programs may be a realistic alternative to jail or prison sentences. Each offense carries a unique punishment, and may allow an offender to avoid prison, jail, or even a criminal record. PC 1000 is a viable option for many first time drug offenders, which allows the accused to avoid having a conviction record for many offenses, and circumstances. However, with the passing of Proposition 47, many drug offense have been reduced to misdemeanors in the California State Court System. This has had a detrimental effect on California, as many defendants who are no longer facing felony charges or long prison sentences, choose to accept the misdemeanor charges and move forward with a probation sentence, adult offender work program, or probation rather than put in the work and effort involved to have a charge dismissed pursuant to Penal Code Section 1000. This can have a detrimental effect on the rest of their life.
Drug crimes can be very serious offenses. In California if you have been charged you should immediately Consult an experienced Fresno Criminal Defense Lawyer. The potential sentence for the offense depends on the type and quantity of the controlled substance involved, you could face serious penalties for a conviction of a drug crime offense. The charges depend on the type of drug crime you are charged with. The three most common drug offenses are: Possession of a controlled substance (Ex. Marijuana, cocaine, hash, honey oil, methamphetamine, MDMA, Ecstasy, Cocaine, heroin . . . ) distribution of a controlled substance (Commonly referred to as sales of a controlled substance, and finally, cultivation. The confusing and inconsistent laws regarding Medical or medicinal marijuana in California adds to the high incident of arrests for cultivation of Marijuana, especially in the Fresno County and Central Valley region. The harshness of the penalty you may receive depends on the circumstances surrounding the crime for which you are charged, you may face extremely harsh penalties for certain offenses. If you are charged, for example, with selling drugs (narcotics) to minors your potential sentence may be very harsh. There are further enhancements, penalties, and punishment for selling narcotics (drugs) within certain distances of a school. California charges and sentences for narcotics or controlled substances are based upon the Schedule classification of the controlled substances.
Schedule I
Schedule I classification is reserved for substances with a high potential for abuse, and no recognized medical use.
Examples:
Heroin
LSD
Marijuana, which has been “legalized” in California for medicinal use. However, the Federal Government does not recognize state law as controlling, therefore, the Federal Classification remains controlling.
Schedule II
These controlled substances are characterized as having a high potential for abuse, but some accepted medical use.
Examples:
Morphine (which is also a metabolite of Codeine)
Opium
Ritalin
Schedule III
Medium potential for abuse, more accepted medical use.
Examples:
Vicodin
Tylenol with Codeine
Anabolic steroids
Schedule IV and V
Low potential for abuse, more accepted medical use.
Examples:
Valium
Robitussin AC
If you have been accused, arrested, cited, or charged with a drug (narcotic), controlled substance offense in the Central valley, you should considering scheduling a free consultation with Fresno Criminal Defense Attorney Jonathan Rooker: Call for a Free Consultation!