Drug Charges - FAQ

1. What penalties could I be facing with a drug charge?
2. I've been charged with an "enhancement crime". What does that mean?
3. I was arrested and charged with my first possession offense. Will I be incarcerated?
4. Is a drug offense considered a felony or misdemeanor?
5. How do the courts decide sentencing for a drug charge?

Question:
What penalties could I be facing with a drug charge?

Answer:
Penalties for drug charges are severe and can include jail time, large fines, seizure of assets (including vehicles), loss of driver's license, and being required to register as a narcotics offender.

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Question:
I've been charged with an "enhancement crime". What does that mean?

Answer:
There are three offenses that qualify as "enhancement crimes" and the sentences are double or triple what they might otherwise be for distribution of a particular type and quantity of drug under other circumstances. The crimes that fall under this category are: (1) Distribution of a controlled substance to a person under 21 years of age (2) Distribution of a controlled substance near a school (3) Causing or aiding a person under the age of 18 to violate drug laws.

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Question:
I was arrested and charged with my first possession offense. Will I be incarcerated?

Answer:
First and second time non-violent, simple drug convictions do not stipulate automatic jail time. Thanks to Proposition 36, you have the opportunity to receive substance abuse treatment instead of incarceration.

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Question:
Is a drug offense considered a felony or misdemeanor?

Answer:
A drug offense can be one or the other, depending on the quantity and type of drug found by law enforcement.

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Question:
How do the courts decide sentencing for a drug charge?

Answer:
Sentencing guidelines are directly dependent upon the specific type and quantity of the drug. For instance, crack is a form of cocaine and is listed on the same schedule of controlled substances. However, the amount of crack needed to impose certain sentences is significantly less than the amount of powdered cocaine.

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