Drug offenses in Vista, Oceanside, Carlsbad, Escondido, and Encinitas vary by locale and from simple possession, possession for sale, sale, transporting, to manufacturing. The criminal penalties go up with the seriousness of the case. A simple possession of some drugs may be filed as a misdemeanor or a felony depending on the facts of the case and the individual’s background. There may be alternatives to a conviction with treatment or classes through the Diversion process. A person may qualify for “prop 36” treatment if not eligible for Diversion. Prop 36 involves a program, 18 months of probation and utilamately a dismissal. Finally, there is also Drug Court which is an intense program of treatment and monitoring.
Being charged with a drug offense like possession for sale, sale, transporting or manufacturing makes an individual ineligible for Diversion, Prop 36 or Drug Court. A felony carries the potential of a prison sentence, drug offender registration with law enforcement, and significant fines. If probation is granted, a person could still do up to 1 year in county jail along with a program, search waiver and other terms of probation for a period of 3 years. Violations of probation can result in a prison sentence.
Important factors considered in every drug offense case involve the defendant’s prior record, drug quantity, drug type, weapons, money, pay and owe sheets, packaging, and other signs of sophistication. These factors can either mitigate or aggravate the crime. Many times there are issues concerning the legality of the law enforcement search. Treatment and desire to become clean is extremely important and being involved in programs soon after a drug arrest can help.
Heroin is making a comeback based on relatively low price and availability. It is one of the most devastating drugs to deal with and heroin addiction is the hardest to beat. Unfortunately, many people are also poly drug abusers and mix drugs like heroin and xanax with deadly results. Other popular illegal drugs include methamphetamine, ecstasy, cocaine, crack, mushrooms, and marijauna. More and more prescription drugs are being abused like oxycotin and vicodin.
Experienced drug offense attorneys know what to look for in defending you in a drug case and what needs to be done to help position you for the best possible resolution. Christoph Law Offices have handled hundreds of drug cases and been located directly across from the Vista Courthouse for over 30 years, call 760-670-3885 for a free consultation and evaluation.