Drug Crimes & What You Need to Do if Arrested
Drug-related crimes in Sacramento County, California are a significant concern, with the rate of such crimes being slightly higher than the average U.S. county. The rate of drug-related crime is about 9.273 per 1,000 residents in a standard year, with the southeast part of the county generally considered the safest. The west neighborhoods of the county have a higher chance of drug-related crime, with a risk as high as 1 in 64. However, it’s important to note that these statistics can be influenced by various factors, including the presence of retail establishments, airports, parks, and schools, which may inflate the appearance of crime rates in areas where few people live.
Recent legislative actions in Sacramento County reflect a shift in how drug crimes are approached. Senate Bill 73, for example, repealed mandatory minimum sentences established during the War on Drugs. This bill aims to reduce recidivism and address the disproportionate criminalization and harm to communities of color. It also emphasizes the treatment of drug use as a medical condition rather than a criminal justice issue. The bill allows for the option of addiction programs and probation over prison time for convicted drug offenders, reflecting a broader move towards rehabilitation and community health.
The Sacramento County District Attorney’s Office plays a key role in prosecuting drug-related crimes. They handle major narcotics cases, including those involving methamphetamine labs, transportation, sales, and possession for sale of controlled substances. This includes providing 24/7 on-call service for narcotics enforcement agencies to review search warrants and managing asset forfeitures to deprive drug dealers of their illegally attained gains.
If you are charged with a drug crime, contact Sacramento defense attorney at Allaye Chan Law immediately for case consultation.
Drug Possession
In Sacramento County, California, as in the rest of the state, the laws governing drug possession categorize the offense either as a misdemeanor or a felony, depending on various factors.
Misdemeanor Drug Possession
Most instances of simple drug possession (for personal use) in California are charged as misdemeanors. This includes the possession of controlled substances without the intent to sell. The penalties for misdemeanor possession typically include imprisonment in county jail for up to one year and/or a maximum fine of $1,000. Certain substances, such as small amounts of controlled substances for personal use or marijuana above the allowable limit but not in quantities that indicate intent to sell, fall under this category.
Felony Drug Possession
Possession of drugs can be considered a felony under certain conditions. These include possession of large quantities of a controlled substance indicating an intent to sell or distribute, possession of drugs in conjunction with other criminal activities (e.g., weapons charges or gang-related activity), or for repeat offenders with prior drug-related convictions. A felony conviction can lead to lengthier prison sentences, higher fines, and more significant long-term consequences. Additionally, if a person has a previous conviction for a serious felony or a sex crime, possession of a controlled substance can also be charged as a felony, which can lead to imprisonment for 16 months to three years.
California classifies drugs into different schedules based on their potential for abuse and accepted medical use, with Schedule I including the most dangerous drugs, such as heroin. The type and amount of drug possessed can significantly influence whether the charge is a misdemeanor or felony.
- Heroin, Cocaine, Methamphetamine, LSD, Ecstasy: Generally classified as Schedule I or II drugs (high potential for abuse, with Schedule I drugs having no accepted medical use), these drugs can lead to misdemeanor charges when possessed in small amounts for personal use, but can easily become felony charges based on quantity, intent to sell, or aggravating factors.
- Marijuana: Although recreational marijuana is legal in California, possession above certain limits, or in contexts suggesting sales intent, can lead to misdemeanor or felony charges depending on the specifics of the case.
The determination of whether a drug possession charge is a misdemeanor or felony can be complex and depends on various factors, including the specific circumstances of the case and the defendant’s criminal history. It’s crucial for individuals facing such charges to consult with a Sacramento defense attorney at Allaye Chan Law immediately
In Sacramento County, California, the law regarding drug possession for sale is quite specific and distinguishes between misdemeanor and felony charges based on various factors.
- Drug Possession for Sale: Drug possession for sale involves having controlled substances with the intent to sell them. This is different from simple possession, which is typically for personal use.
- Misdemeanor or Felony: Generally, possession for sale is charged as a felony in California. This is because the law views selling drugs as more harmful than possessing drugs for personal use, as it potentially affects many people.
- Determining Factors: The type and amount of the drug, as well as circumstances like where the drugs were found or how they were packaged, can influence whether the charge is a felony. For example, possessing larger amounts of drugs like cocaine, heroin, or methamphetamine, especially if packaged in a way that suggests sale, is likely to result in felony charges.
- Felony Charges: Felony charges for drug possession for sale are serious and can lead to severe penalties. This could include long prison sentences and substantial fines, and the exact penalty can depend on the specific drug and amount involved.
- No Typical Misdemeanor: Unlike simple possession, there’s no typical scenario where possession for sale would be charged as a misdemeanor. The law generally treats any intent to sell controlled substances as a serious offense.
It’s important to remember that drug laws can be complex and are subject to interpretation by law enforcement and the courts. If you or someone you know is facing such charges, it’s crucial to consult with a legal professional who can provide advice specific to the individual case. If you are charged with a drug crime, contact Sacramento defense attorney at Allaye Chan Law immediately for case consultation.
Possession for Sale
In Sacramento County, California, the laws regarding “Drug Possession for Sale” are quite specific and generally treat this offense as a more serious crime compared to simple drug possession. Under California law, drug possession for sale is often charged as a felony, not a misdemeanor. This is because the act of possessing drugs with the intent to sell is seen as more detrimental to society, potentially affecting a larger number of people and contributing to the broader issue of drug distribution.
The determination of whether a charge will be classified as a felony often depends on several factors. These include the type of drug in possession, the quantity of the drug, and the context of the possession – such as how the drugs are packaged or if large amounts of cash are found alongside the drugs. For instance, possessing substances like heroin, cocaine, or methamphetamine in quantities that suggest distribution or sales intent, can lead to felony charges. The law looks at aspects such as whether the drugs are divided into smaller packages, which might indicate an intent to sell.
Felony charges for drug possession for sale can result in significant legal consequences, including lengthy prison sentences and substantial fines. The severity of the penalty often correlates with the specific drug involved and the amount in possession. It’s important to note that in the context of drug possession for sale, there are no typical situations where the offense would be considered a misdemeanor. The legal system tends to view any intent to sell controlled substances as a grave matter.
Contact Sacramento Defense Attorney
Given the complexities and nuances of drug possession laws, especially those related to the intent to sell, it’s crucial for individuals facing such charges to seek legal counsel. A qualified attorney can provide guidance and representation tailored to the specifics of the case, considering the latest statutes and judicial interpretations. For the most accurate and up-to-date legal advice, consulting with a legal expert familiar with California drug laws is essential. If you are charged with a drug crime, contact Sacramento defense attorney at Allaye Chan Law immediately for case consultation.
Drug Sale or Transportation
Drug sale or transportation charges in Sacramento County, California are taken very seriously and can either be classified as a felony or a misdemeanor, depending on various factors. Generally, the sale or transportation of controlled substances such as heroin, cocaine, methamphetamine, and certain prescription drugs without a valid prescription, are considered felonies. These felony charges are more severe and can result in longer prison sentences, larger fines, and more significant long-term consequences. On the other hand, misdemeanors related to drug sale or transportation typically involve lesser amounts of controlled substances or less dangerous drugs, like marijuana (depending on the specific circumstances and amounts).
The distinction between a felony and a misdemeanor in these cases often hinges on the amount of the drug involved, the specific type of drug, the defendant’s criminal history, and whether there was an intent to sell or distribute. For instance, possessing a small amount of marijuana for personal use might be a misdemeanor, while possessing a large quantity or possessing it with the intent to sell could elevate the charge to a felony. Additionally, selling drugs near schools or to minors can also lead to more severe felony charges.
Drug laws are continuously evolving, especially with the changing legal status of marijuana. However, regardless of the specific details, both felony and misdemeanor drug charges can have serious implications, and anyone facing such charges should seek legal guidance to navigate the complexities of the legal system. If you are charged with a drug crime, contact Sacramento defense attorney at Allaye Chan Law immediately for case consultation.
Manufacturing Drugs and Narcotics
Manufacturing of drugs and narcotics in Sacramento County, California is a serious legal issue, governed by both state and federal laws. Generally, the production, cultivation, or manufacture of controlled substances is considered a felony. This includes the creation of illegal drugs like methamphetamine, cocaine, heroin, and certain types of synthetic drugs. A felony in this context is a more severe crime and usually results in harsher penalties, such as longer prison sentences, larger fines, or both.
On the other hand, a misdemeanor related to drugs typically involves less serious offenses, like the possession of a small amount of certain controlled substances for personal use. The distinction between what constitutes a felony and a misdemeanor in drug manufacturing often depends on the type and quantity of the drug, the intended use, and whether there are prior offenses. For instance, possessing a small amount of marijuana for personal use might be a misdemeanor, while growing several plants with the intent to sell would likely be classified as a felony.
It’s important to note that drug laws can be complex and are subject to change, so this information might not cover every possible scenario or recent legal updates. In any case involving drug charges, it’s advisable to consult with a legal professional who can provide guidance based on the latest laws and the specifics of the case. If you are charged with a drug crime, contact Sacramento defense attorney at Allaye Chan Law immediately for case consultation.
Defending Drug Charges in Sacramento
Conviction of a drug crime can be life-altering, affecting many aspects of an individual’s future. In some cases, conviction of a drug crime can be somewhat painless or avoided altogether. Police often make mistakes when dealing with these crimes including:
- Illegal search and seizure
- Entrapment
- Unreliable informants
- Exaggeration, lying or inaccurate witness accounts
- Arresting without sufficient evidence
It’s important to seek out experienced Sacramento defense attorneys who understands the many details of controlled substance law and will fight on your behalf to limit sentencing.
Sacramento Defense Attorneys Can Help You Fight Your Drug Charges
When it comes to criminal law, the Sacramento defense attorneys at Allaye Chan Law know your life is on the line. Drug related crimes can have a wide array of outcomes and we’re here to help through your legal convictions. Give us a call at (916) 446-4400 immediately if you’re charged with a drug crime.