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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

What can happen with my “heroin possession” case?

Heroin possession is now a misdemeanor and no longer a felony, but it does potentially carry up to a year in jail, $1000 fine and registration as a narcotics offender with local police where you live.  Fortunately, the legislature has provided treatment options in many cases in lieu of punitive sanctions.  Heroin is one of the most addictive drugs there is and one of the most difficult to remain clean from.  Heroin addiction left untreated will most certainly ruin a persons life, their families lives and ultimately result in an early death.  The good news is there are options and medications which can help someone detox off opiates, the problem is staying clean.  The underlying issues that lead to addiction need to be addressed.  If someone does not have the desire to quit and is only doing it to avoid jail, then the prognosis is not good.  Heroin possession becomes much more serious if possession for sale or sale is involved

Other people can only do so much, it is the “drug” user who has to be motivated to quit for life.  Good intenetions of others only go so far.  If this is your first drug related case, you may be eligible for a diversion program where you plead guilty, sentencing continued for 18 months, complete a drug class or treatment program, stay clean and arrest free for the 18 months and the case gets dismissed – almost as if it never occurred.  Military diversion for active and former military personnel may also be available without a plea of guilty.  A conviction is not a conviction until sentencing and if you never get sentenced because you did the diversion program successfully, then you have no record

However, if you don’t complete the requirements of diversion successfully, you may be sentenced for the heroin possession and face the penalties previuosly mentioned.  There are other programs for people with drug priors like drug Court and Prop 36 which also provide for treatment and reward those who complete those programs with possible dismissals after conviction.  There may be options to prosecution and that is why it is important to contact an experienced criminal defense attoreny to discuss your case.  Call Christoph Law Offices at 760-941-5720 for a free consultation with criminal defense Attorneys Nicholas and William christoph.  We have been providing the highest level of criminal defense representation for over 30 years across from Vista Courts.

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