Challenging a Drug Charge in California Under Proposition 47

As a result of Proposition/ 47 passing, drug possession charges in the state of California are handled much differently now than in the past and in favor of many defendants. For example, the majority of drug crimes that were previously filed as felonies can now be classified as misdemeanors. This also can have an effect on how drug lawyers challenge drug charges or how reductions and dismissals are obtained. If you have been charged with a drug crime it is important to adequately understand the applicable laws, the possible punishment or penalty you may be facing and the reduction or diversion options you may have. Considering how much can be at stake even in misdemeanor drug charges, knowing your options or discussing possible outcomes with an experienced San Diego Drug Lawyer who is familiar with the evolution of drug laws will only serve to benefit you and your long-term future.

Applicable Drug Laws in California

California Health and Safety Code section 11350 states that the possession of illegal drugsopiates such as heroin, cocaine, hallucinogens, and various prescription drugs is unlawful. The code goes on in sections 11357(a) and 11377(a) to discuss the possession of concentrated cannabis or methamphetamine, which now is also classified as a misdemeanor rather than a felony. In an effort to increase the charge and punishment, oftentimes the prosecution’s goal is to charge a person with possession of narcotics for sale, which still remains classified as a felony. If convicted, a heightened felony charge comes with the possibility of prison time, a criminal record, registration as a narcotics offender and a reputation that can be life-altering both professionally and personally.

Diversion Options or Reduction of Drug Crime Charges

The passing of Proposition 47 has not affected or abrogated the possibility of filing for and requesting admittance to a diversion program. A diversion program requires the defendant to enter a guilty plea, however no sentence is announced and no conviction is entered. The court moves to continue or suspend the case, during which time the case is pending and the defendant will enter a drug diversion program. If the defendant successfully completes the diversion program, the charges are dropped and the case is dismissed. The program usually involves submitting to sporadic drug testing and attending education classes, counseling, and Narcotics Anonymous meetings. This is an ideal outcome for most individuals considering no conviction is placed on their record and no jail time must be served.

Contact an Experienced San Diego Drug Lawyer to Reduce or Challenge Your Drug Charges

If you feel your record qualifies for reduction or change in regard to your drug charges, or you have questions about how Proposition 47 can benefit you, contact San Diego Drug Lawyer Ashby Sorensen today. His knowledge and experience helping clients just like you with California drug laws make him an attorney you can trust. Call (858) 999-6921 today for a free consultation and see how you can benefit today.