Drug/Firearm Possession Attorneys – Cavalluzzi & Cavalluzzi in West Hollywood

Drug and firearm possession are common charges that can result in more serious penalties than most people realize, particularly if the defendant has a criminal record. If you are charged with drug or firearm possession, don’t assume that the penalty will be a slap on the wrist. Contact Michael Cavalluzzi & Maria Cavalluzzi, drug and firearm possession attorneys in West Hollywood.  We will aggressively protect your rights and fight to have your charges dropped.

• Drug Possession
• Definition
• Alternative Sentencing
• Drug Possession: Common Charges
• Drug Possession: Penalties
• Drug Possession FAQs
• Firearm Possession

Drug Possession

The information on this page is not to be interpreted as legal advice. The text of the California laws relating to drug possession has been edited for length and clarity. For details regarding your own particular case, contact the drug possession attorneys at Cavalluzzi & Cavalluzzi in West Hollywood for a free case review.

Drug possession law in California has changed. There is now an emphasis on rehabilitation rather than punishment. Thus, a conviction will most likely result in mandatory attendance in a drug program. If you do not attend the drug program, though, you could be sentenced to harsher penalties, including incarceration.

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Definition

The definition of drug possession is as follows: possession, either actual or constructive, of a controlled substance (marijuana, cocaine, methamphetamine, heroin, prescription pharmaceuticals without a valid prescription, etc.). “Actual possession” means that the drugs were found on your person. “Constructive possession” means that you have control over the drugs, even if they were not found on your person specifically. An example of constructive possession would be when drugs are found in clothing that you own but are not physically wearing.

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Alternative Sentencing

A couple of alternative sentencing options may be available in drug possession cases:

Deferred Entry of Judgment

Deferred entry of judgment is also known as “ drug diversion” or “DEJ.” It means that the defendant will plead guilty to the drug possession offense and receive conditional probation for 18 or more months. The defendant will also be required to complete a drug education class. If, by the time the probation has ended, the defendant has completed the class, paid all fines, and not committed any other crimes, then he or she can withdraw the guilty plea and the case will be dismissed. In order to exercise this alternative sentencing option, the defendant must meet certain requirements, such as the absence of a criminal record. For more information regarding whether or not alternative sentencing options are available to you, contact the drug possession attorneys at Cavalluzzi & Cavalluzzi in West Hollywood.

Proposition 36

Proposition 36 is a fairly new law that gives those who have multiple convictions additional chances to obtain treatment and stay out of jail. There are three levels associated with Proposition 36. Level I prescribes the least amount of treatment — it is for low risk drug users who have little or no criminal record. Level II requires a moderate amount of treatment. Level III, the highest level, involves the lengthiest treatment and is designed for high risk users. Our drug possession attorneys can help you understand these and other alternative sentencing options.

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Drug Possession: Common Charges

11357(b) – Possession of less than one ounce of marijuana

11350(a) – Possession of a controlled narcotic substance (cocaine, heroin, and/or other enumerated substances)

11377 – Possession of methamphetamine (and other enumerated controlled substances)

11351 – Possession of a controlled narcotic substance (cocaine, heroin, and/or other enumerated substances) for the purpose of sale

11351.5 – Possession of cocaine base for the purpose of sale

11352 – Sale , offer to sell, transportation, furnishing of a controlled substance (cocaine, heroine and/or other enumerated substances)

11359 – Possession of marijuana for sale

11360 – Sale , offer to sell, transportation, furnishing of marijuana to another

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Drug Possession: Penalties

H&S refers to “Health and Safety Code.”

H&S 11357(b)

$100.00 fine and one year suspension of driver’s license for those under 18.

H&S 11350

Maximum: 3 years in state prison.
Minimum: Probation plus $1,000 fine or community service. Jail time could also be part of probation. Mandatory registration as a narcotics offender.

H&S 11377

Misdemeanor: One year maximum in county jail.

Felony: Three years maximum in state prison
Minimum: Probation. Community service, fines, and/or jail time may also be part of probation. Mandatory registration as a narcotics offender (if convicted of a felony).

H&S 11351

Maximum: Four years in state prison.
Minimum: Probation. Significant jail time may be part of probation. Mandatory registration as a narcotics offender.

H&S 11351.5

Maximum: Five years in state prison
Minimum: Probation. Significant jail time may be part of probation. Mandatory registration as a narcotics offender.

H&S 11352

Maximum: Five years in state prison.
Minimum: Probation. Significant jail time may be part of probation. Mandatory registration as a narcotics offender.

H&S 11359

Maximum: Three years in state prison.
Minimum: Probation. Significant jail time may be part of probation.

H&S 11360

Misdemeanor: $100 fine.
Felony: Four years in state prison
Minimum: Probation. Significant jail time may be part of probation. For H&S 11360 to be charged as a misdemeanor, there must be zero evidence of a drug sale or offer to sell, and the total amount of marijuana in the defendant’s possession must be less than 28.5 grams.

Skilled drug possession attorneys may be able to help you avoid jail time by negotiating alternative sentencing or by means of other legal strategies. Contact Cavalluzzi & Cavalluzzi — providing the services of drug possession attorneys in West Hollywood — for more information and a free case review.

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Drug Possession FAQs

Q: What happens if I am caught in possession of GHB, MDMA (ecstasy), or ketamine (special K)?

A: As GHB, ecstasy, and special K are illegal drugs, you would be violating H&S 11377, and would be charged with a misdemeanor or a felony. You may, however, be eligible for Deferred Entry of Judgment (DEJ) and therefore able to avoid severe punishment. Consult with our drug possession attorneys for more details.

Q: If I receive Deferred Entry of Judgment (DEJ) and I violate it, will I then receive jail time?

A: If you violate the conditions of DEJ, you could face the maximum penalty for the charge. However, a good drug possession attorney can help you avoid jail time.

Q: What happens if I’m not in possession of the drugs, but I am under their influence?

A: You will be in violation of H&S 11550. This is a misdemeanor and the minimum penalty is 90 days in jail; the maximum is one year in jail. You may, however, be eligible for DEJ, which would help you avoid conviction and jail time.

Q: What if drugs were discovered during an illegal search?

A: Any drugs that are seized during an illegal search are not allowed to be used against you. If you believe that you have been subjected to an illegal search, contact our drug possession attorneys in West Hollywood. We will argue that the evidence should be suppressed and the charges dismissed.

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Firearm Possession

Illegal firearm possession can carry very strict penalties. Firearm possession is a crime when the firearm is not legally licensed (the owner is on probation, has no valid permit, etc.). In California, it is usually illegal to carry a concealed firearm unless you are a police officer. Certain types of assault (automatic) firearms are banned entirely. There are certain factors that can increase the penalties for firearm possession, including prior convictions, probation or parole status, being on or near school property, and the temperament of the community in which you live (i.e. its attitudes toward firearm violence).

California has its own specific firearm restrictions:

The Child Access Prevention Law

Adults must use magazine safety disconnects and a loaded-chamber indicator in order to protect against the accidental discharge of a firearm. The owner of a firearm must store it in a safe place that is inaccessible to minors (children under 18 years of age). If a minor is able to obtain a firearm that has not been put in a safe place, then the firearm owner is criminally liable.

The Juvenile Possession Law

No minors are allowed to possess handguns or ammunition.

The Juvenile Sale/Transfer Law

No one may sell or transfer the ownership of specific firearms to a minor. A person must be 21 to purchase a handgun and 18 to purchase other types of firearms.

When you have been charged with illegal firearm possession, there may be some question as to whether the evidence was gathered properly. As with drug possession cases, firearm possession cases may be initiated with a traffic stop, a police search of your belongings, or a search of your person on a street. Sometimes, police violate your rights in these situations. It is crucial that you contact firearm possession attorneys in order to discuss the situation that resulted in the charges. Effective criminal defense attorneys will be able to get the evidence suppressed if it was obtained illegally.

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Contact Our Drug/Firearm Possession Attorneys

California drug and firearm laws are complicated and can carry severe penalties. If you have been charged with illegal drug or firearm possession, don’t waste time: contact the firearm and drug possession attorneys at Cavalluzzi & Cavalluzzi in West Hollywood. We will work to get your charges reduced or dismissed so that you can carry on with your life.

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Free Immediate Case Review

If you are seeking legal representation, contact Cavalluzzi & Cavalluzzi, expert attorneys near Beverly Hills, California. We will review your case and answer your questions in order to proceed with the best plan of action.