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California Drug Crime Frequently Asked Questions (FAQs)

In our many years as California criminal defense lawyers, we’ve come to understand that in addition to needing an experienced drug crime defense attorney, our clients want answers to their questions in simple, easy-to-understand language. California drug laws can be quite complex and difficult to understand for many of us. That’s why we have compiled this list of California drug crime Frequently Asked Questions (FAQs). If you have a question that isn’t answered here, or you’d like a more thorough explanation, call the drug crime defense law firm Takakjian & Sitkoff today.

How is Drug Court Different from Criminal Court?

Drug courts were introduced in an effort to keep nonviolent drug offenders from going to jail or prison. They combine criminal justice with medical treatment models to break the cycle of drug addiction and crime for first-time and nonviolent drug offenders and favor treatment and drug rehabilitation instead of jail. If someone completes a drug court program, they may receive lesser punishment or even have the charges completely dismissed.

What is a Drug Schedule?

In 1970, the Comprehensive Drug Abuse Prevention and Control Act created drug schedules as a way to divide drugs and narcotics that are regulated under federal law. Five different drug schedules include the penalties for possessing, using or selling that schedule of drugs. The schedules are I, II, III, IV, and V. Schedule I drugs such as LSD, heroin and mescaline supposedly represent the highest risk for drug abuse.

What’s the Difference between a Misdemeanor and a Felony?

Misdemeanors and felonies are a means of classifying the severity of a crime and the punishment for committing that crime. The punishment for a drug offense usually determines whether the crime is a misdemeanor or felony. Up to one year in county jail is usually for a misdemeanor and a state prison sentence is for felonies. Though you can be convicted of a felony and never be sent to prison.

Why are some drug offenses charged as Misdemeanors and others charged as Felonies?

Most misdemeanor drug crimes are classified as felonies or misdemeanors with the classification and severity of punishment largely dependent on the quantity and type of drugs. Some of these circumstances include prior criminal misdemeanor or felony drug convictions, the type and amount of drugs involved, whether the person resisted arrest or was violent, cooperation with authorities, and many other considerations.

What is California’s “Three Strikes Law?”

California enacted the ‘Three Strikes’ legislation some years ago in an effort to deter felons from becoming repeat offenders. A violent or serious crime such as a felony might qualify as a ‘strike’ on someone’s record. Under the ‘Three Strikes’ law, a second felony conviction or ‘strike’ can result in the court doubling the criminal penalties and a third ’strike—no matter how minor—can even result in a mandatory prison sentence of 25 years to life. Due to the severe consequences that three strikes can bring, it is imperative to have an experienced California drug crimes lawyer, such as Takakjian & Sitkoff, to defend you against drug charges.

Will My Case Qualify for Alternative Sentencing?

This depends on a wide range of factors specific to your situation. If you’re being charged with a misdemeanor drug charge, and this is your first offense and you cooperated with law enforcement officials; a California drug crimes attorney may be able to help you qualify for alternative sentencing and lesser criminal penalties such as diversion, counseling and community service.

If I Plan to Plead Guilty, Why Do I Need a California Drug Crimes Lawyer?

If you are planning to plead guilty to a drug crime, an experienced California drug crimes lawyer may be able to have the drug charges dismissed in a number of ways or reduced to lesser charges and consequences. The officer may have violated your Constitutional Rights and you might never even know it. In addition, laws can be quite complex and difficult to understand fully and a California criminal defense attorney can explain the law in everyday language so that you can make an informed decision about the best course of action for you. Call the California drug crime defense law firm of Takakjian & Sitkoff immediately!

Please call 1-866-790-5858 for a FREE CONSULTATION!

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