The penalties you face for drug possession, depend on a number of factors, including the type and amount of drug possessed, whether there was an intent to sell, your prior criminal record, and more. An experienced San Francisco drug possession attorney knows that even with simple charges, you may face steep fines, jail time and a permanent criminal record. A conviction will affect your career, reputation, and other aspects of your life.
Depending on the charges, you could be eligible for Penal Code Section 1000 relief, known as pre-trial drug diversion if your offense is simple possession for personal use only. There are limitations on eligibility for this type of pre-trial trial drug diversion, including your offense cannot involve violence; your offense cannot include drug sales or possession for sale; and you cannot have any felony convictions in the previous five years.
Whether you have been arrested for possessing illegal drugs such as cocaine, ecstasy, heroin or methamphetamine, or even prescription drugs such as Valium or Oxycodone without a valid prescription, you must have a knowledgeable San Francisco drug possession lawyer on your side. Innocent or potentially guilty of the crime, a capable attorney can provide you with the support and guidance necessary to make it through this situation.
Even if you believe you have broken the law, it does not mean that you must immediately enter a plea. In the U.S., every person charged with a criminal offense, no matter how serious the charge, is innocent until proven guilty beyond a reasonable doubt. Prosecutors must have sufficient evidence in order to prove you are guilty. Your attorney will work diligently to investigate the charges, analyze and challenge any evidence, question motives of police and whether proper procedure was followed and more. You may have grounds to file and litigate a search and seizure motion. Your lawyer will be able to determine if the prosecutor does have a strong case against you, and whether it may be to your advantage to plea to lesser charges or to seek some type of alternative like drug diversion if you are qualified or eligible.
It is essential that you consult with an attorney who will prepare to go to trial even if it turns out that it isn't necessary. Diligent preparation and individual focus on your case is essential to the best possible outcome when it comes to drug charges, whether the charges are simple possession or possession for sales. If you have been arrested for possession of drugs, do not delay. Call San Francisco lawyer Matt Sullivan today.