Dedicated Drug Crime Attorney Defending San Jose & Palo Alto Criminal Defense Clients
Penalties for drug possession vary depending on the type of drug, the amount possessed and the purpose for which the accused had possession of the drug. Possession of an illegal narcotic can lead to a sentence of imprisonment in county jail for up to one year, while possession with the intent to sell may result in a sentence of imprisonment for anywhere between two and five years. Penalties are especially severe if the defendant has been charged with possession and transport of a controlled substance from one county to another.
Under the Adult Use of Marijuana Act (AUMA) and California Proposition 64, it is legal for residents 21 and older to legally purchase marijuana for personal consumption. They may possess, own, and give away up to one ounce of cannabis, as well as cultivate up to six plants on privately-owned property.
That said, it is still highly illegal for minors to possess or use cannabis, as well as for a person of any age to sell marijuana without the proper licensing from the state. If you are facing criminal charges as a result of illegal cannabis use, we can help you. Under the new regulations, further expungement options may be available to past offenders. Contact our firm to discuss your case and we’ll advise you on how to proceed.
First Things First
If the state’s evidence was obtained from an illegal search, the court will not allow its use in the case against you. If you were charged with a non-violent drug possession offense, relief available to those who qualify includes Drug Court, Deferred Entry of Judgment and Proposition 36. If you have a drug habit that contributed to your legal problem, your answer may lie in obtaining residential drug treatment.
Attorney Jeffrey B. Hayden’s Approach
Principal attorney Jeffrey B. Hayden carefully considers everything that contributed to the incident in a culturally relevant manner. Mr. Hayden prides himself on avoiding all forms of judgment, and is dedicated to exploring all legal avenues to achieve the best possible outcome.