5 Types of Drug Charges in Orange County

Drug charges in Orange County can range from minor offenses to serious felonies:

1. Possession: This charge is for having illegal drugs on your person or property. Possession can be for personal use or with the intent to sell.
2. Possession for Sale: If you have a large amount of drugs, you might be charged with possession for sale. This means you are accused of having drugs with the intent to sell them.
3. Sales and Transportation: This charge involves selling or transporting illegal drugs. It includes activities like selling drugs directly or moving them from one place to another.
4. Manufacturing: This serious charge involves producing illegal drugs. It can include activities like growing marijuana or operating a meth lab.
5. Drug Paraphernalia: Possessing items used to consume or produce drugs, such as pipes or needles, can also lead to charges.

Each drug charge has its own legal consequences and penalties. Let’s go into more detail below.

Legal Consequences and Penalties for Drug Charges in Orange County

Here’s a detailed look at the different types of drug charges, the penalties for each, and

Possession

Simple possession (California Health and Safety Code § 11350): This charge is for having illegal drugs like heroin, cocaine, or prescription drugs without a prescription.

Simple possession is typically a misdemeanor, punishable by up to one year in county jail, a fine of up to $1,000, or both. First-time offenders might be eligible for a diversion program instead of jail time.

Possession of Marijuana (California Health and Safety Code § 11357 involves having marijuana in amounts greater than the legal limit. For adults over 21, possessing more than 28.5 grams of marijuana or 8 grams of concentrated cannabis is a misdemeanor, punishable by up to six months in county jail and a fine of up to $500. For minors or those possessing smaller amounts, penalties may include fines and mandatory drug education or counseling.

Possession for Sale

Possession for sale (California Health and Safety Code § 11351 applies if you have illegal drugs with the intent to sell them. This is based on the quantity of drugs and other evidence like scales or packaging materials.

Possession for sale of controlled substances like heroin, cocaine, or methamphetamine is a felony. Penalties can include two, three, or four years in state prison and significant fines.

Possession of Marijuana for Sale (California Health and Safety Code § 11359) is also a felony, with penalties including 16 months, two years, or three years in county jail and substantial fines.

Sales and Transportation

The charge of sale or transportation of controlled substances (California Health and Safety Code § 11352 includes selling, transporting, importing, or giving away illegal drugs.

Selling or transporting controlled substances is a felony. Penalties include three, four, or five years in state prison. If the drugs are transported across two or more county lines, the sentence can increase to three, six, or nine years in state prison.

Sale or transportation of Marijuana (California Health and Safety Code § 11360 is also a felony, punishable by two, three, or four years in state prison. Transporting less than an ounce for personal use is typically a misdemeanor.

Manufacturing

Manufacturing controlled substances (California Health and Safety Code § 11379.6) is a serious charge. It applies where a person is producing illegal drugs, such as running a meth lab or growing large quantities of marijuana without a license.

Manufacturing controlled substances is a felony with severe penalties, including three, five, or seven years in state prison and substantial fines. Additional penalties apply if the manufacturing involves certain dangerous substances or occurs in the presence of children.

Possessing Drug Paraphernalia

You can be charged for possession of drug paraphernalia (California Health and Safety Code § 11364) for having items used to consume or produce drugs, such as pipes, bongs, or syringes.

Possession of drug paraphernalia is a misdemeanor, punishable by up to six months in county jail, a fine of up to $1,000, or both. Penalties may also include mandatory drug education or treatment programs.

Now that you understand the consequences of different drug charges in Orange County, let’s look at what happens if you’re arrested for drug charges.

Legal Process for Drug Charges

Here’s what typically happens during a drug charge arrest:

1. Arrest and Booking: If you are arrested on drug charges, you will be taken to a police station for booking, which involves recording your personal information, taking your fingerprints, and listing the charges against you. The police should read you your Mirand rights during the arrest.
2. Arraignment: This is your first court appearance, where the charges judge will formally read your charges to you. You will enter a plea of guilty, not guilty, or no contest.
3. Pretrial Proceedings: These include various hearings and motions. Your attorney may file motions to suppress evidence or dismiss the charges. (More on defenses to drug charges in the next section below).
4. Plea Bargaining: You and your attorney might negotiate with the prosecutor to reach a plea agreement. This could result in lesser charges or a reduced sentence.
5. Trial: If your case goes to trial, both sides will present their evidence and arguments. A judge or jury will then decide your guilt or innocence.
6. Sentencing: If you are found guilty, the judge will determine your sentence based on the severity of the charges and your criminal history.

Defenses to Drug Charges

Your Attorney can employ different defenses to fight your drug charges. Here are some common ones:

1. Unlawful Search and Seizure: If the police conducted an illegal search without a warrant or probable cause, the evidence found might be inadmissible in court.
2. Lack of Possession: You might argue that the drugs did not belong to you and that you were unaware of their presence.
3. Entrapment: This defense applies if law enforcement officers induced you to commit a crime you otherwise would not have committed.
4. Medical necessity: If you have a valid prescription for medical marijuana or other controlled substances, this could be a valid defense.
5. Mistake of fact: You might argue that you were unaware that what you possessed was an illegal substance.

Discussing these defenses with your attorney can help you develop a strong strategy.

Conclusion

That’s it! We hope you now know more about drug charges in Orange County, their potential consequences, the arrest process, and possible defenses. More importantly, we hope you understand that having a lawyer by your side will help you achieve the best possible outcome for your case. If you’re ever in need of a lawyer, contact the Johnson Criminal Law Group.