Drugs

Federal Charges v. State Charges: While sentencing options vary from county to county in State Court, sentencing in Federal Court is more strict and follows a formula set out by federal sentencing guidelines. Although the guidelines have been struck down as unconstitutional, most courts use them as a starting point. These guidelines can be found at www.usdoj.gov/dea/agency/penalties.html. Federal sentencing is based on a structured mathematic formula based on the crime charged, criminal history of the defendant, and other variables such as aggravating or mitigating factors involved in the criminal activity, enhancements, etc.

Drug Possession: Drug possession charges are crimes where the defendant is being accused of possessing narcotics for personal use. Defendants that do not have a criminal history may be entitled to one of many forms of alternative sentencing. These sentences include Prop 36, drug counseling and testing, etc. Successful completion of some forms of alternative sentencing may result in all charges against you being dismissed. If you are charged with drug possession, be sure to review all possible sentencing options with your attorney. If the narcotics are found through an illegal search, the case may be dismissed.

Possession for Sale: A person is charged with possession for sale of narcotics if they possess an amount that is considered too much for personal use. There are often accompanying factors as well (the narcotics are packaged separately, connoting they are possessed for sale, the defendant is in possession of other items associated with the sale of narcotics such as a scale or packaging material, etc.) These charges carry prison sentences or local jail time with probation, depending on the circumstances. These charges may be reducible to simple possession charges, where drug programs are possible. Some counties offer additional substance abuse programs for these charges which also promise a dismissal of all charges if the program is successfully completed. In addition, if the drugs were seized due to an illegal search, the case may be dismissed.

Sale / Transportation of Narcotics: In these cases, a person is usually caught in the act of making a sale, or is stopped in a vehicle that contains narcotics. In some counties, alternative sentencing is available for these crimes as well, in which case all charges would be dismissed if a drug treatment program is successfully completed. There are many ways to fight these cases, including having the case dismissed if the narcotics were discovered through an illegal search.

MEDICAL MARIJUANA

If you have been arrested for any offense related to the possession, sale, or harvesting of marijuana, and you believe you have a potential medical marijuana defense, contact the Law Office of Scot Candell immediately.

For more information see: Medical Marijuana.

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