In California, drug crimes can either be prosecuted as misdemeanors or felonies. The key is whether the prosecutor’s office believes that the defendant possessed the drugs for personal use, or whether they intended to distribute or sell the drugs.
If a person is arrested for possession of a controlled substance with intent to sell or distribute, the Los Angeles district attorney’s office will prosecute the crime as a felony. In deciding whether a person had intent to distribute, the prosecutor’s office will look at several factors, including how much of the substance did the person possess, and were the drugs packaged in a way that appears that the person intended to sell them.
Due to recent legislation, simple possession of a controlled substance is treated as a misdemeanor in California for most people. It is not only a misdemeanor to possess illegal drugs, but also many legal drugs that require a prescription without one.
The good news is that for many people charged with possession of a controlled substance there are programs that they may be eligible for that will negate a criminal conviction.
If you’ve been charged with a drug crime, call the Champion Law Firm today to speak to an experienced criminal defense attorney. Consultations are always free.
If you’re looking for a Los Angeles Drug Attorney, contact us today.