What penalties could I be facing with a drug charge?
Penalties for drug charges are severe and
can include jail time, large fines, seizure
of assets (including vehicles), loss of
driver's license, and being required to
register as a narcotics offender.
I’ve
been charged with an 'enhancement crime.'
What does that mean?
There are three offenses that qualify as ‘enhancement crimes’ and the sentences are double or triple what they might otherwise be for distribution of a particular type and quantity of drug under other circumstances. The crimes that fall under this category are:
- Distribution of a controlled substance to a person under 21 years of age
- Distribution of a controlled substance near a school
- Causing or aiding a person under the age of 18 to violate drug laws
I was arrested
and charged with my first 'possession' offense.
Will I be incarcerated?
First and second time non-violent, simple drug convictions do not stipulate automatic jail time. Thanks to Proposition 36, you have the opportunity to receive substance abuse treatment instead of incarceration.
Is a drug offense considered a felony or misdemeanor?
A drug offense can be one or the other, depending on the quantity and type of drug found by law enforcement.
How do the courts decide sentencing for a drug charge?
Sentencing guidelines are directly dependent upon the
specific type and quantity of the drug. For
instance, crack is a form of cocaine and is
listed on the same schedule of controlled
substances. However, the amount of crack needed
to impose certain sentences is significantly
less than the amount of powdered cocaine.
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