What charge is possession of a controlled substance?
Penalties of controlled substance possession A first or second offense is a Category E Felony, which means you could face 1-4 years in prison. However, a first offense is often probationable, which means you may avoid prison and a conviction if your defense attorney can negotiate a drug treatment/rehab program for you.
Can a possession of a controlled substance charge be dropped?
Fighting a Possession of a Controlled Substances Charge In some cases, they can even get the charges dismissed . Some common strategies include arguing that: You had a valid prescription (or that they cannot prove that you did not have such a prescription). The controlled substance belonged to another person.
How much time can you get for controlled substances?
California Health and Safety Code 11350 HS makes it a misdemeanor to be in the unlawful possession of a controlled substance . The maximum sentence is one year in county jail and a fine of up to $1000.00.
What is controlled substance paraphernalia?
Under federal law the term drug paraphernalia means “any equipment, product or material of any kind which is primarily intended or designed for use in manufacturing, compounding, converting, concealing, producing, processing, preparing, injecting, ingesting, inhaling, or otherwise introducing into the human body a
What is the sentence for controlled substance?
Jail or prison time is also possible when a person is convicted of possession of a controlled substance. Jail sentences range widely depending on the crime charged, the type of drugs involved, and the state’s laws, but can range from a few days or weeks to 10 years or more in prison. Probation .
Does having drugs in your system count as possession?
(7) the person’s body contains any amount of a controlled substance listed in Schedule I or II, or its metabolite, other than marijuana or tetrahydrocannabinols. Obviously, a person can be charged with possession of a drug .
Is 5th degree drug possession a felony?
As a felony -level drug offense, fifth degree possession or sale of is punishable by up to five years in prison and a $10,000 fine. However, with the assistance of an experienced drug crime defense lawyer, first-time offenders are very rarely sentenced to prison.
How do you win a drug possession case?
How To Win A Drug Possession Case Get Attorney Representation Immediately. Your first step is to hire a reputable drug possession attorney who specializes in fighting felony drug charges. Assess Possible Defense Strategies. Lab Testing Issues. Beyond a Reasonable Doubt. Contact a Drug Possession Attorney Today.
What happens if you get caught with prescription drugs?
If law enforcement officers catch you with prescription meds on your person without a doctor’s prescription , you could face serious charges that include jail time and fines.
Is possession of drugs a felony in California?
Drug Possession , Distribution, and Trafficking Laws In November 2014, Proposition 47 made changes to the Uniform Controlled Substances Act in California . This relaxed some of the drug possession laws, moving them from felony charges to misdemeanors, essentially decriminalizing “simple possession ” of most illegal drugs .
How do you prove constructive possession?
To convict you of constructive possession , however, the state must prove that you knew the drugs were present, knew they were illegal and had “control” over them. Mere proximity to the drugs is usually not enough to convict someone in this type of case.
What class felony is possession of a controlled substance in Illinois?
Possession of any other substance in any amount is a Class 4 felony , punishable with a minimum of 1-year prison time and up to $25,000 in fines.
Is a lighter considered drug paraphernalia?
Small mirrors and other glass products (such as Pyrex test tubes and “glass crack pipes”), lighters , rolled up currency, razor blades, aluminum/tin foil, credit cards, and spoons have all been used to prosecute people under paraphernalia laws, whether or not they contain residue of illegal drugs .
Is a needle drug paraphernalia?
Drug paraphernalia includes (but is not limited to): Hypodermic needles or syringes, Meth pipes,
Is a bowl drug paraphernalia?
Simple possession of paraphernalia is not a federal crime. However, under some state laws merely owning or having these items is illegal. Police may check for drug residue, and if it’s clear that a pipe , bong, hookah or other item was used for smoking illegal substances, a person may face drug paraphernalia charges.