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ARRESTED FOR DRUG POSSESSION?

Our firm is dedicated to fighting the often unjust and excessive prosecutions of individuals in California on marijuana or other drug possesrelated charges.

Possession of Marijuana, if or personal use, is still a misdemeanor criminal offense. Contact an attorney at The Fox Legal Group for a FREE Consultation if you or someone you know has been charged with drug possession.

Transporting or even giving away one ounce or less of marijuana for free to another person is also a misdemeanor criminal offense.   “Transportation” can mean nothing more than simply driving a short distance with marijuana in your vehicle, and if you are alleged to have “transported” over an ounce of marijuana, you can be charged with a felony and be sentenced to up to 4 years in state prison.

Possession of up to one ounce (which is equal to 28.5 grams) or less of marijuana is a misdemeanor.

Possession of anything more than a single ounce of marijuana, however, is an even more serious offense, punishable by up to six months in the county jail.

Please do not make the mistake that many others have made: assuming that marijuana possession is a charge that does not need to be taken seriously! Although society has become increasingly tolerant of marijuana, the courts continue to view marijuana as a drug and punish you as a criminal.  In court, you will be up against judges and prosecutors who will view you as a criminal and do not view marijuana as “harmless.” 

Going into court and pleading guilty or attempting to handle your case without an attorney is a mistake that can have permanent effects on your PUBLIC CRIMINAL RECORD. A public criminal record can affect your life in many ways, including preventing you from obtaining jobs, security clearances, and student loans. Law enforcement will always be aware of criminal convictions, and will treat you differently than someone who does not have a public criminal record.

Even if you do end up convicted of a marijuana possession offense, we will seek to make sure that, if you are eligible, the court grants you either Proposition 36 “treatment instead of incarceration” or diversion such that your case is dismissed outright after a short series of drug education/treatment classes, resulting in no criminal conviction on your record whatsoever!

Marijuana cultivation/growing is a Felony and is punishable by up to 3 years in state prisonHowever, we may still be able to obtain diversion for you (resulting in no criminal conviction on your permanent record) if we can expose enough flaws in the prosecution’s claim that you were cultivating marijuana with the intent to sell rather than merely for personal use.

As hard as it may be to believe, in California, Possession of Marijuana with intent to sell is always a felony, whether or not you allegedly possessed an eighth of an ounce of marijuana or 8 pounds of marijuana!  Yes, you can be charged with felony possession with the intent to sell marijuana, and sentenced to up to 3 years in state prison, if the prosecutors allege and prove that you possessed as little as a fraction of the ounce with the intent to sell it for even 5 dollars!  We won’t let that happen lying down, and will go to battle on your behalf against such inflated charges!

Even if you were not caught selling anything, police and prosecutors will attempt to build a marijuana sales case against you if they allege that they found separately bagged marijuana, cash in any “significant quantities”, or scales.  The mere presence of a scale is particularly unreliable evidence of alleged sales, but is often relied upon in court by prosecutors in such cases. 

Having the right Marijuana Defense Attorney can make all the difference in your case. Our office is experienced in fighting for marijuana rights, advocating for marijuana decriminalization, and vigorously defending our Clients against marijuana related charges.

As you may be aware, Proposition 215 allows patients under a doctor’s care to obtain a Medicinal Marijuana Card and to legally possess and cultivate limited amounts of marijuana.   However, police and prosecutors amazingly continue to arrest and seek to prosecute people who are legally entitled to possess marijuana!  We take a special interest in defending our clients in these miscarriages of justice and will take nothing less than a complete dismissal of such illegitimate and unjust charges.

Our office has a strong track record of getting marijuana possession cases DISMISSED outright. We accomplish that by convincing prosecutors to dismiss cases by consistently keeping up with new marijuana laws and issues, and fighting hard for our Clients. Above all, it will be our mission to ensure that this case has NO lasting effects on your record. 

ARRESTED FOR POSSESSION OF ILLEGAL DRUGS SUCH AS COCAINE, METHAMPHETAMINE, LSD, ECSTASY, PCP, HEROIN?

An arrest and conviction for even simple possession of illegal drugs can be very serious.  A conviction for simple possession can, in some cases, result in incarceration in the county jail or even in state prison.   In fact, depending on the amount of drugs seized by law enforcement, you could even face federal criminal charges.  However, even possession of a fraction of a gram of cocaine can result in a felony charge in state court. 

You may also be charged with the separate offense of possession of drug paraphernalia if you are arrested in a car with other people, regardless of whether the alleged paraphernalia even belonged to you.

A conviction for even simple possession of illegal drugs could cost you your current job, result in you being denied when you apply for a future job, cost you your right to legally stay in the United States if you are not a citizen, result in you being denied housing, and cause you to be denied eligibility for student loans.

There are numerous possible drug treatment programs, however, that an experienced criminal defense attorney can seek on your behalf which, in some cases, will prevent you from ever having any criminal conviction on your record.



 

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