Most drug crimes in California are aggressively prosecuted as felonies and carry stiff sentences, often including mandated prison time. California's tough Three Strikes Law can result in even more onerous sentences. As we discussed in our November 24 post, a number of things determine how drug offenses are charged and prosecuted, including the type and quantity of the drugs involved, whether the drugs are for personal use or sale, and any prior convictions. The circumstances of your arrest and record can also affect sentencing options. An experienced criminal defense attorney with an expertise in defending drug crimes may be able to arrange alternative sentencing.
In California, when the defendant is non-violent, treatment for drug abuse and addiction is considered more appropriate than jail time. Under the state's Substance Abuse and Crime Prevention Act (Proposition 36), first and second-time non-violent offenders charged with "simple drug possession" can receive substance abuse treatment instead of jail time. In lieu of prison, the court can order these "low-risk" drug offenders to receive one year of drug rehabilitation treatment followed by six months of follow-up aftercare. Alternative sentencing may include one or a combination of the following:
- outpatient drug rehabilitation treatment
- limited inpatient rehabilitation
- halfway house
- narcotic replacement therapy
- education classes
Drug Court is a multi-phased treatment and supervision program. As the defendant successfully completes each phase of the drug treatment and rehabilitation program, he is given increased freedom. On successful completion of the entire program, the case is dismissed.
If you are charged with a drug crime, it is critical that you immediately contact an experienced criminal defense lawyer. He can review your case, prepare the best defense and may be able to arrange alternative sentencing if you are eligible.
