Orange County Criminal Lawyers
Possession of Heroin in Aliso Viejo
In Aliso Viejo, as in the rest of the country; possession, dealing and trafficking of heroin and other narcotics is illegal according to state and federal laws. Heroin is one of the most dangerous and highly trafficked on the illegal drug market. Not only is it highly addictive, but the overdose rates have been increasing within the last few years. It is a derivative opioid drug of morphine that causes the short term effects of a rush of euphoric feelings, but with the long term effects of infection of the valves, liver disease, lung problems, mental disorders, and kidney disease. When the amount of heroin is increased, users can develop a tolerance to the quantity that they had previously been using, causing them to want and use in larger quantities. Withdrawal symptoms also accompany abruptly stopping the use of the drug. Examples of these symptoms include severe pain, cold flashes, and severe cravings. California heroin laws are quite strict and generally attract felony charges for possession, dealing and trafficking. This is in part due to the fact that heroin isn’t seen to have any legitimate medical use in the state California.
The heroin laws are particularly strict on heroin dealers and traffickers but offer some options for those in possession of heroin and are in need of treatment. According to ‘Proposition 36’ or the Substance Abuse and Crime Prevention Act (SACPA), people arrested for nonviolent drug offenses may be offered treatment instead of serving a jail term.
Some of the defenses for heroin possession or drug possession in general include an unlawful search and seizure. Unlawful search and seizures are in direct opposition to your fourth amendment rights, as protected by the US Constitution. Drugs found unlawfully will not be permitted at trial and cannot be used. Another common defense is that the drugs were not yours or that you were unaware of their presence within your possession, such as on your property or in your car. Some even make the argument that the drugs were planted there.Penalties for heroin possession
In essence, Proposition 36 provides the option to avoid jail in some circumstances especially if a person are no previous convictions. That being said, a judge may still impose a jail term in some heroin possession circumstances.
Generally, the charges for heroin possession are imposed as follows:
- Heroin possession for personal, usually a misdemeanor charge, attracts up to 1-year in county jail and a fine of up to $ 20,000
- For Possession of heroin for sale, a felony charge, the penalties are up to 4 years in jail and up to a $20,000 fine. If the weight of the heroin in possession for sale exceeds 1kg, then an additional 3-25 years in prison and fines of up to $8,000,000 can be additionally imposed.
If you or someone you care for is in such a situation, the best course of action is to immediately consult and hire a capable defense attorney, to contest the charges and attain the best possible outcome. Contact Johnson Criminal Law Group for help today.