Understanding Drug Charges: Do First Offenders Face Jail Time?

California has strict drug laws prohibiting the possession, manufacture, transportation, and sale of certain controlled substances. Many suspects facing drug charges dread the thought of spending time behind bars after a conviction. The penalties you will face after a conviction for a drug crime depend on the circumstances of the case and your criminal history.

As a first-time offender, you can avoid incarceration, especially when your offense is minor. You do this by negotiating with the prosecution to allow you into a drug diversion program or sentence you to probation instead.

You will need a reliable drug-crime defense attorney to navigate California's complex drug laws and guide you through your case. Your attorney will help you understand the legalities of the case and ensure that you explore all the possible alternatives to avoid incarceration for your offense.

Factors that Determine whether you Will Face Incarceration for your First Drug Offense

An arrest for a drug offense can have a profound impact on one's life. Whether you are accused of producing, possessing, selling, or distributing controlled substances, the result of your case might have a significant effect on your life now and in the future.

A big part of what penalty you receive depends on your criminal history. It may not be necessary for first-time offenders to serve jail time. If you are being charged with a first offense, the following elements will dictate whether you receive a jail sentence and how long you will spend there:

Type of Drug Involved

Under California law, controlled substances are classified into five main categories. The classification of the substances is based on their potency and impact on the users. Some substances are more addictive than others and can produce devastating effects for the users. Others, like marijuana, are legal in California, but you must possess the substances in acceptable quantities.

• Schedule V

The substances under Schedule V are legal, and they include marijuana and substances that are used as ingredients for prescription medication. However, possession of an excessive amount of these substances could result in criminal charges.

Offenses involving drugs under this category attract less serious penalties compared to their schedules. With the guidance of a skilled defense lawyer, you can avoid incarceration for an offense involving marijuana and other drugs in Schedule V.

• Schedule IV

Drugs in Schedule IV have significant medical value. Common drugs that fall under this category include stimulants and depressants like tramadol, Xanax, and Ativan.

• Schedule III

This is the midpoint for controlled substances, and drugs under this category have little medical value but can also be addictive. Drugs that fall under this category include ketamine, testosterone, and steroids.

• Schedule II

Most Schedule II controlled substances have little or no medical value, and they carry a significant risk of addiction. Many of these substances are dangerous and could be life-threatening to the users. Schedule II contains opiates, stimulants, and depressants, including opium, oxycontin, morphine, and codeine.

• Schedule I

Some of the most dangerous drugs are classified under Schedule I. These drugs do not have medical value and are highly addictive. Possession, sale, manufacture, and transportation of drugs under this schedule result in the steepest punishment.

You are more likely to avoid incarceration if your drug crime as a first-offender involves substances under Schedule IV and IV. For offenses involving the Schedules I, II, and III substances, you will be sentenced to jail or prison depending on whether your offense is charged as a felony or a misdemeanor

The Specific Offense with Which You Are Charged

There are various drug crimes with which you could be charged under California law. These offenses vary in severity, and the penalties you face for each may differ significantly. Drug offenses addressed under California law include:

• Possession of a Controlled Substance

California Health and Safety Code 11350 makes it a crime to possess a controlled substance. Under this statute, possession can be actual, constructive, or joint, denoting the circumstances. You will be charged under this statute if the prosecution can prove that you possessed a controlled substance and knew of its presence and nature as a controlled substance.

A conviction for this offense is punishable by a jail sentence of up to one year. However, as a first-time offender, you can enter a drug diversion program and avoid incarceration for your offense.

• Possession for Sale of a Controlled Substance

Possession of a controlled substance to sell it is a crime under HSC 11351. If the prosecution can prove that you intended to exchange the controlled substance for money or another valuable item, you will be charged with this offense. Possession for sale of a controlled substance attracts felony charges, which carry a sentence of sixteen months, two, or three years in jail. If you are convicted of this offense, you will not be eligible for drug diversion.

• Manufacturing a Controlled Substance

You will be charged and convicted of manufacturing a controlled substance under California HSC 11379.6 if the prosecution can prove beyond a reasonable doubt that you manufactured, prepared, or compounded it. Additionally, you must have known the nature of the substance you manufactured.

Manufacturing a controlled substance is a felony punishable by a prison sentence of three, five, or seven years. While the court can lower the sentence for a first-time offender, you cannot avoid incarceration for this offense.

• Possession of Marijuana

In California, adults over twenty-one years can possess up to 28.5 grams of dried marijuana for recreational use. However, you could be arrested and charged under HSC 11357 if you possess more than the legal amount. Simple possession of marijuana is punishable by a jail sentence of up to six months.

The Nature of Your Charges

Under California law, a drug crime could be a wobbler, a misdemeanor, or a felony. Wobblers are offenses that can attract felony or misdemeanor charges depending on the circumstances of the case.

If your crime is a misdemeanor, you could avoid incarceration by entering a diversion program. For most wobblers, the prosecution will file felony charges against you when there are aggravating circumstances.

You can negotiate with the prosecution to reduce your felony to a misdemeanor. This can ensure you are eligible for a diversion program.

Whether Your Offense Involved a Threat of Violence

Sometimes, drug crimes are linked to violent acts, causing severe injury or threat of injury and death. For example, if you are found in possession of a controlled substance and weapons or connected to a street gang, you could face severe criminal charges and incarceration even when you are a first-time offender.

Quantity of the Substance Involved

The quantity of a drug that you possess, manufacture, or transport could dictate the severity of your charge and the potential punishment you stand to face. Possession of marijuana for recreational and medical purposes is legal in California. However, the government regulates the amount that you must possess for it to be legal.

You avoid incarceration for possession of small quantities of controlled substances. This is because you can convince the court that the drugs were for personal use. However, when you possess large quantities of a drug, the prosecution can argue that you intended to sell or distribute the drugs.

Transportation and sale of a controlled substance is a serious offense, and you would rarely escape without spending time in jail, even when you are a first-time offender.

Alternatives to Incarceration for First-time Offenders Facing Drug Charges

First-time offenders facing drug charges do not always face jail or prison time. Even in cases where the court sentences you to incarceration, your lack of a criminal record could mean a lowered sentence. Some of the alternatives for incarceration for your first drug offense could include the following:

PC 1000

A common alternative to incarceration for first-time drug offenders in California is a diversion program under Penal Code 1000. This is a pretrial diversion program for non-violent drug offenders. You will be eligible to enter this program if you are a first-time offender facing charges for crimes like simple drug possession, being under the influence, possession of drug paraphernalia, and possession of marijuana, among other misdemeanor drug offenses.

Before you are referred to this diversion program, the prosecuting attorney will review your case to determine eligibility. You will then receive a written notification, including a description of the procedures and the rules you must follow while in the diversion program.

Your case will be dismissed after you complete the conditions imposed by the probation department. This will save you from spending time in jail, which is common when you are convicted of drug offenses.

Prop 36

Prop 36 is a drug diversion program that can spare a first-time drug offender from jail time. If you are facing prosecution for non-violent drug offenses like possession of a controlled substance, possession of marijuana, and operating a vehicle while intoxicated, you might be eligible for this diversion program.

A diversion program under Prop 36 lasts for up to twelve months and is aimed at:

• Detoxification therapy
• Drug education
• Outpatient treatment
• After treatment services

Joining Prop 36 is not automatic. A hearing is held to determine your eligibility for the program and the potential benefit that the program will have to you. Additionally, you must plead guilty to a non-violent drug charge that you face.

Drug Court

Under California law, drug court is an outpatient drug abuse program that allows defendants facing non-violent drug offenses to avoid incarceration and a criminal conviction. As a first-time offender, you will be eligible for drug court when you face charges for the following drug offenses:

• Possession of marijuana
• Being under the influence
• Possession of a controlled substance

Drug court lasts for up to nine months. During this program, you must follow through with conditions like attending counseling sessions and attending school of vocation training

As a first-time offender, you will not need to enter a plea before participating in drug court. In this case, the court will pause the prosecution of your drug crime and allow you to complete the program. Completing drug court means you have finished the term imposed by the court and followed through with all the conditions.

Probation

Another way through which a first-time offender could avoid incarceration after a drug offense is through probation. Under California law, probation is an alternative to jail time and is unavailable for all defendants. Instead, your attorney must negotiate with the prosecution to offer it.

You could face a probation sentence for a felony or misdemeanor drug offense. Summary probation is imposed for misdemeanors and lasts up to three years. Felony probation, on the other hand, is available for defendants facing felony drug charges and lasts up to five years.

When you face probation for your misdemeanor drug offense. You can serve a portion of your entire jail sentence out of jail and on community service. While on probation for a drug crime, the court can impose the following probation conditions:

• Complete a drug and alcohol treatment program
• Undergo group or individual counseling
• Court fines
• Avoid committing other crimes during probation
• Consent to random police searches
• Submit to random drug testing

Find a Competent Drug-Crime Attorney

Drug charges are common in California criminal defense. You could be arrested and charged for a drug crime if you engage in a wide range of conduct, including possession, sale, transportation, and manufacture of controlled substances. Controlled substances are drugs that are strictly regulated by the law, and they include over-the-counter medications and illegal narcotics.

California law is lenient for first-time offenders. You can avoid incarceration through a drug diversion program or probation for your first conviction. Whether or not you will face jail time for your charges will vary depending on the nature and quantity of the substance involved.

If you face charges for a drug crime in Sacramento, CA, you will benefit from the legal insight we offer at Foos Gavin Law Firm. Our skilled attorneys will work hard to build a solid defense and negotiate with prosecutors to avoid jail time. Call us at 916-779-3500 for much-needed legal insight.