Valery Nechay Law: Your Cocaine Possession Defense Lawyer

What Are the Penalties for Cocaine Possession?

If caught in possession of cocaine by law enforcement officials in California, a misdemeanor or felony drug charge may result. A misdemeanor drug charge may be imposed for possessing a small quantity for personal use. However, if the suspect has had a prior drug possession conviction or a criminal history, the charge may be elevated to a felony offense.

Possession of cocaine is charged severely in California and may lead to incarceration, fines, community service, and required treatment programs.

These may result in the following penalties:

1. When charged with a misdemeanor 1st offense drug charge, you will face up to one year of jail time in a county jail, up to a $1000 fine, probation, community service, and a supervised drug counseling program;
2. If charged with a 2nd drug offense charge, it is considered a felony punishable by up to three years in state prison, up to $2000 fines, community service, and a drug education class;
3. If charged with felony cocaine possession with illegal possession of a firearm, you can face up to four years in incarceration, probation, a drug counseling program, and community service. You might lose your firearm rights too.

Defense Strategies in Court for Cocaine Possession in California

Drug defense attorneys will review your charges, your history, and your side of the story in order to develop a solid defense and represent you in court.

Some of the grounds for your defense may include the following:

 

Violation of Defendant’s Constitutional Rights

If, during a drug arrest, the police violated your rights, your defense attorney can have your case dismissed by proving that:

1. The police did not inform the accused to remain silent during an arrest;
2. The officers refused your right to an attorney during the interrogation;
3. The officer failed to read the accused Miranda rights during the arrest.

 

Proof of Legal Cocaine Possession

Your defense counsel may demonstrate that you lacked knowledge or evidence of having prescription drugs at the time of the arrest. If your legal representative can establish that you did possess a valid permit for such drugs, the drug crime charges may be dropped.

 

Lack of Enough Evidence

If the police did not gather enough evidence to prove that you had such drugs or the drugs were yours, the court may drop your case. If the court assesses your case and does not find probable cause that you committed a crime, your case may be dismissed. Your criminal defense lawyer should gather the specifics of your arrest and fight for your charges to be dismissed.

 

Unlawful Search and Seizure

Suppose your defense lawyer identifies that the law enforcement officers obtained evidence through an unlawful search and seized your belongings without probable cause. In that case, the judge may dismiss your case.

 

Attending Alcohol and Other Drugs Diversion Programs

Your lawyer may be able to prove that you were arrested with a simple possession charge and have voluntarily decided to enroll in the California Alcohol and Drug Diversion Program to deal with your drug use problem. After completion of the program, the judge may choose to reduce or drop the charges.

Consult a San Francisco Drug Defense Attorney for Your Drug Possession Charges

If you or a family member is being charged with drug-related offenses, you might find yourself battling a criminal case in state or federal court. Avoiding jail time is possible with the assistance of a criminal defense attorney.

Despite the serious nature of the drug charges, criminal defense attorneys may be able to bargain for either a reduced sentence or case dismissal, depending on your circumstances.

Are you or your family members facing drug-related charges and worried about the future?

At the Law Office of Valery Nechay, our skilled San Francisco drug defense attorney will help you understand what’s next and fight your drug possession charges. Contact the office today for assistance!

Frequently Asked Questions:

How Consequential Is a Cocaine Possession Charge in California?

In California, possession of illegal drugs and other drug crimes carry varying punishments. Possession of cocaine is often a felony.

Drug felonies are punishable by imprisonment for more than a year in state prison as well as possible fines, compared to misdemeanors which carry one year in county jail.

 

How Long Is a Cocaine Felony Sentence in California?

In California, possession of cocaine charged as a felony has a state prison sentence of about 16 months and three years and a possible fine of up to $20,000. However, your sentence will depend on several factors, including the amount of cocaine in possession, whether you intended to distribute it, and your prior criminal history.

 

When Can a Drug Conviction Be Expunged?

In some circumstances, a misdemeanor or felony drug charge may be expunged if you completed probation as per the court order, you possessed below a certain amount of the controlled substance, and you did not have a prior criminal record.