Drug Possession & Sales, Bail, Crime & Punishment

Drug possession (including possession of marijuana, cocaine, methamphetamine, or heroin) is the first charge applied when an individual is arrested and drugs are found. From this point, the authorities may determine whether there was intent to distribute the drugs based on the amount found. At that point, charges may be increased to sales or even trafficking.

Love Bail Bonds can provide bail bonds for all drug related charges including:

• Drug possession, possession of a controlled substance
• Marijuana possession, cocaine possession, crack cocaine possession, heroin possession, possession of ecstasy pills, meth possession
• Drug trafficking, intent to distribute, conspiracy to deliver
• Methamphetamine manufacture
• Illegal search and seizure
• Failure to comply with a search warrant

DRUG POSSESSION FOR SALE
It is a felony to possess or buy illegal drugs that you intend to sell. The prosecution doesn’t have to prove that you sold them—just that you intended to sell them. Money need not change hands to be convicted of drug possession for sale.
Intent to sell can be proven by evidence such as drug packaging (small bundles), weighing scales, cutting agents, people coming to/going from your home at all hours, fortified windows, conversations with police informants, undercover officers, or wiretapped telephone (cell, portable or landline) conversations.

DRUG TRAFFICKING
California drug traffic laws prohibit the transporting, importing and selling/distribution of controlled substances. Transporting, importing, or selling drugs is a felony, unless you’re arrested with less than 28.5 grams of marijuana (cannabis) and the marijuana is for your own personal use then it is a misdemeanor. You can also be charged and convicted of trafficking if you aided, abetted, and conspired with anyone to sell or purchase illegal drugs.

MANUFACTURING DRUGS
In California, it is a felony to:
• Plant, cultivate (grow, care for) or harvest marijuana
• Manufacture illegal drugs (such as methamphetamine or rock cocaine)
  or possess the chemicals necessary to manufacture illegal drugs.

Drug Crime Penalties
Drug offense penalties can be very serious. You could end up in county jail or state prison. Your car or anything else linked to the drug crime could be taken away (Forfeiture Proceedings). You could lose your driver’s license, have to pay a fine, and/or be required to register as a narcotics offender.

How the crime is charged and punished depends on the type and quantity of the drugs involved, whether the drugs were for personal use or for sale, and if the defendant has a criminal record, especially prior drug convictions. (If you are facing a second offense for sales of narcotics you are looking at a minimum 3 year enhancement for the prior sales conviction which is added to the time/sentence on your current drug charge.)

• For example, a first-time offender selling 100 grams to 5 kilograms of heroin has a mandatory minimum sentence of five years.

• Manufacturing, producing, or preparing methamphetamine has a maximum sentence of seven years and fines up to $50,000.

For most drug crimes charged as FELONIES,
there are three components to sentencing:

   1. A Base Term (for example, the base term for selling cannabis is 2-4 years)
   2. Conduct Enhancements (selling cannabis to children under 21, selling drugs near a school, causing children under 18 to violate drug laws)
   3. Status Enhancements (prior convictions, crime committed while out on bail)

All three are considered together to determine the length of the sentence and other penalties.

Sentencing Alternatives

In California, drug treatment is considered more appropriate than jail time for non-violent individuals with drug abuse problems. Depending on your situation, you may be eligible for one of three alternatives:

Proposition 36: Under California’s Substance Abuse and Crime Prevention Act, first and second time non-violent “simple drug possession” offenders can receive substance abuse treatment instead of jail time. This includes one year of outpatient, halfway house, narcotic replacement therapy, education classes and/or limited inpatient treatment, plus six months of “aftercare” treatment.

Deferred Entry of Judgment (also known as DEJ or Diversion): The defendant pleads guilty, but is not convicted. Instead, the case is put on hold for 18 months while the defendant must take a 6-months drug education classes and avoid an arrest or conviction of another crime. The case is dismissed after 18 months. The felony is completely wiped away.

Drug Court: This involves a “supervision-and-treatment” program typically separated into phases that offer the defendant more freedoms as he/she completes each one. In rare cases, jail time is required. Once the defendant completes the program, the case is dismissed.

Though drug charges are very serious, being charged with a drug crime is not the end of the world. In fact, it may be the wake-up call you need to turn your life around.

If you need help with Bail or have questions, please call us today for a free and confidential consultation.

888-SOS-BAIL or 888-767-2245