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Legal Issues

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Clear Recovery Center can help individuals with a wide variety of legal issues pertaining to drugs and alcohol.

Individuals or family dealing with alcoholism and addiction are no strangers to legal issues. Driving under the influence, possession of a controlled substance and underage drinking are just some of the charges that adolescents and adults face whose behavior has caught the attention of the law.

Clear Recovery Center can help navigate these issues, aiding in not only understanding the charges themselves but how to have them reduced or even dismissed entirely. You can take comfort in knowing that expert lawyers and law professionals who understand these charges have your best interests in mind.

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legal issues
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Types of Drug-Related Charges

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The consequences when one is faced with a charge of either Driving Under the Influence (DUI) or Driving while Intoxicated (DWI) can have a long impact on the person convicted, whether it be an adolescent or an adult. If convicted, drivers often have to serve jail sentences, pay substantial fines and often have their driver’s licenses suspended. The BAC (blood-alcohol content) for conviction varies from state to state.

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Possession of a Controlled Substance

The law designates numerous drugs as controlled substances, often referred to as narcotics. Not all drugs are controlled substances. Some of the more common controlled substances are: cocaine, heroin, opiates and certain hallucinogenic substances. The law also prohibits possession of certain medically prescribed drugs without a valid prescription. Examples of these controlled substances include: codeine, hydrocodone and various other pain medications.

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Possession of a Controlled Substance with Intent to Distribute

The difference between simple possession and intent to distribute is determined by amount as well as paraphernalia confiscated during the arrest including things such as weight scales and baggies. Intent to distribute and/or trafficking charges carry a much tougher punishment especially when coupled with prior convictions.

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Drug Charge Defense Strategies

  • Unlawful Search : The police or arresting officer has acted illegally when the search took place and the drugs or paraphernalia were found.
  • Prescription : The defendant who was charged had a valid medical prescription for the drugs in question.
  • Possession : The defendant who was charged with the crime was not the one in possession of the drugs.
  • Unknown Possession : The defendant who was charged with the crime was was not aware the drugs were in their possession, or did not know that the substance was illegal.
  • Usable Amount : The amount of drugs that were found was not a usable quantity. (i.e. only ‘trace’ amounts)

Types of Drug Sentencing

Under certain circumstances, possession of some drugs can be charged as either a felony or a misdemeanor. These crimes are often call “wobblers.” On November 5, 2014, a new law, Proposition 47, took effect. Under this new law, all simple drug possession crimes which are “wobblers” will now be charged as misdemeanors. A conviction for simple possession of a controlled substance (no intent to distribute/traffic) can be punished by up to a year in jail.

For those who qualify, California has two types of drug diversion. The first is under PC1000 and the second is under Proposition 36, which is codified in PC1210 – 1210.1 & 3063.1. Both laws lay out detailed requirements to qualify for the programs. Those who meet the requirements and successfully complete one of the programs, can avoid jail and get their charge dismissed.

In some cases, usually first time offenders, the courts may allow a deferred entry of judgment (DEJ) program in which the defendant participates in a drug treatment program. In most cases, if they successfully complete the program the charge can be dismissed.

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A skilled criminal defense attorney who focuses drug-related crime defense can evaluate each case to determine whether sentencing alternatives may be available, and Clear Recovery Center can help get you connected.

Need Help with Legal Issues?

If you need help navigating the legal system for drug-related charges, please contact us at (877) 799-1985.

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