Fighting a simple drug case is like fighting any other case with a few twists of its own. Unique issues include whether the amount recovered was “a usable amount.” Independent laboratory testing comes into play if the nature of the substance is in doubt. Or, perhaps it is unclear who actually possessed the drugs, when circumstances leave room for doubt. As in more serious drug cases, pre-trial motions can play a crucial role. Was there an illegal search and seizure, or an illegally obtained confession? But it is in the realm of sentencing that these cases are most unique.
In California , if you are a first time, or even second time drug offender, you may qualify for sentencing under Proposition 36. The California Courts have a comprehensive web site providing in-depth information about Proposition 36.
California Courts – Collaborative Justice – Programs – Proposition 36: http://www.courtinfo.ca.gov/programs/collab/prop36.htm.
My summary of it is this: When you are sentenced under Proposition 36, you are on convicted and placed on probation. One of the terms of your probation is that you complete a drug program, and while on the program, report back to court regularly, until you either complete the program or fall off the program. If you fall off the program, and you exhaust your second chance and third chance, you go to jail or prison. If you complete the program, you may withdraw your guilty plea, enter a not-guilty plea, and get your case dismissed.
Deferred entry of judgment is even better, because you are not “sentenced” unless you fall off the program. The fact that you are not sentenced, means that you are not convicted, and no judgment is entered. Therefore, no conviction goes on your record if you complete the program. This can make all the difference in the world for people worried about deportation and denial of re-entry into the United States . It is also important for persons whose careers demand perfectly clean records. In addition, if you are on deferred entry of judgment, and you fall off the program, then you get to start the Proposition 36 program, which permits two more violations before you go to jail or prison. For details about deferred entry of judgment, you should read Penal Code Sections 1000 through 1000.8.
You can find all the California Statutes at http://www.leginfo.ca.gov/calaw.html.
Then, there is also Drug Court , another variant of the treatment instead of jail idea. See http://www.courtinfo.ca.gov/programs/collab/drug.htm#standards.
For juvenile drug offenders 14 years of age or older, see: http://www.courtinfo.ca.gov/rules/index.cfm?title=five&linkid=rule5_800.