Santa Rosa Drug Crimes Attorney

Marijuana Laws in California Have Changed!

With the passing of Proposition 64 on November 8^th, 2016, marijuana is now legal for adult recreational use, possession, and cultivation in California, ending its decades’ long prohibition and expanding upon its already existing legalization for medical purposes.

Additionally, this legislation has also provided an opportunity for individuals with past marijuana convictions to pursue a reduction or even full expungement of their charges from their criminal history. For more information about this landmark legislation and how it may affect you, click here.

Drug Crime Penalties in Sonoma County

A person convicted of drug-related crimes in California faces a variety of penalties, including:

• Imprisonment in jail or state prison
• Probation
• Community service
• Mandatory drug and alcohol counseling
• Expensive fines and fees

Persons with prior convictions, especially drug-related offenses, may also face increased penalties. In addition, the government can sometimes seize your personal property, including vehicles, money, and houses if they believe it is linked to any illegal narcotics activity. How the crime is charged and punished depends on the type and quantity of the drugs involved, whether they were possessed for personal use or for sale, and if the defendant has any type of criminal record. There are many types of drug offenses and a wide range of penalties if convicted.

The Search and Seizure Defense

Often the most powerful defense for a drug bust or drug-related crime is examining the evidence and how it was obtained by law enforcement. Law enforcement gathers most of their drug-related evidence through "search and seizure."

The 4th Amendment to the United States Constitution ensures every person the right to be free from unreasonable and illegal searches and seizures by law enforcement. That means if the police obtained evidence against you illegally, that evidence cannot be used against you. This is not automatic! It takes a skilled Santa Rosa drug crimes attorney to challenge the search and seizure evidence obtained in your case in court. Our lead attorney, Evan E. Zelig, has handled many drug-related offenses as a criminal lawyer and as a former prosecutor. He knows the procedures and laws necessary to do everything possible to suppress the evidence against you!

Alternative Sentencing Options for Drug Crimes

In California, drug treatment is preferred over jail time for non-violent individuals with a history of drug abuse and committing drug offenses. Depending on the type of case you are charged with and your prior criminal record you may be eligible for one of three sentencing alternatives.

The typical sentencing alternatives to jail time include:

• Deferred Entry of Judgment (Also known as DEJ or Diversion): California Penal Code section 1000, et seq. This option is generally available to a criminal defendant with no prior criminal history. The defendant enters a plea to an agreed-upon charge, but is not sentenced. Therefore, under California law, there is no "conviction." The case is put on hold, or "diverted" for a period of 18 months while the defendant takes a 6-month drug education course and avoids any further arrests or convictions. If the defendant is successful at the 18 months program the case is dismissed after 18 months and results in no conviction to impact your future!
• Proposition 36: California's Substance Abuse and Crime Prevention Act, also known as "Prop 36," allows first and second time non-violent "simple drug possession" offenders to receive substance abuse treatment and counseling instead of going to jail! Treatment under Prop 36 might include living in a halfway house or other inpatient treatment, but usually consists of outpatient treatment and educational classes as well as "aftercare" treatment.
• Drug Court: Drug Court is not available in all jurisdictions and in all courts, but like the other programs involves supervision and treatment of the criminal defendant through a number of phases designed to offer the participant more freedoms and less supervision as he or she completes each phase. Once the defendant completes the Drug Court program the case is generally dismissed.

Due to the life-altering legal consequences that are involved in drug-related offense, and because there may be sentencing alternatives available to get you the help you need and avoid a criminal conviction, it is always in a person's best interest to obtain the advice and services of a Santa Rosa drug crime attorney who has the legal background and knowledge it takes to successfully fight drug crime charges.

Explore Your Options for Free - Call (707) 418-5352

The Law Offices of Evan E. Zelig, P.C. is located in downtown Santa Rosa, California, just minutes from the Sonoma County Courthouse and Jail facilities. We have handled hundreds of drug offenses and drug-related crimes. We are also accessible by phone 24 hours a day, 7 days a week!