Category: Drug Charges

Caught With Marijuana In Your Car? A Lawyer Can Help You Know Your Rights

Caught With Marijuana In Your Car? A Lawyer Can Help You Know Your Rights

The new drug law has permitted consumers to buy, smoke, or cultivate marijuana in California. Over 21 adults are allowed to possess one ounce of the drug and you can use eight ounces of cannabis for medical purposes. However, consumers are advised to stay vigilant in this context even after the legalization of marijuana.

Proposition 64 contains a set of diverse rules which as an adult, you are expected to learn and follow as even slight negligence may land you in harrowing circumstances. There are certain factors that you need to ensure before opting it like the quantity of the drug. For instance, smoking a joint is prohibited in public places, you cannot purchase it without showing an ID, or you require a license whether it is for medical purpose or an adult use.

It is worth noting that the state holds strict policy for getting caught with marijuana in the car or even under the influence of the drug. This is why you should consult with a lawyer in that particular case and learn about your rights.

“Open Container” Law

California Vehicle code 23222(b) makes it unlawful for you to drive while having possession of marijuana. It includes:

  • Drugs found in an open or unsealed container
  • Not found in a container

Violation of the rule is punishable and you may encounter a fine of up to $100. You will need a certified attorney in this case. The lawyer will ensure that California Highway Patrol (CHP) will not charge Vehicle Code 23222(b) against you if the drug was obtained under the recreational possession laws or medical marijuana laws in California.

Moreover, driving with an open container of marijuana is strictly prohibited. It is an infraction which comes with a whopping $250 fine. Additionally, individuals under 18 who found guilty in the case will be given drug education and will have to spend time doing community service.

Possessing More Than the Legal Amount

You may be charged with a California misdemeanor or face a fine if the marijuana found in your possession is more in quantity than permitted by the law. Recreational marijuana law hinders retaining more than 28.5 grams. You will need a lawyer to fight your case when it comes to committing a misdemeanor because it is categorized as a crime and it can send you to a county jail for a year in the case.

The Condition for People Under 21

You cannot keep any amount of marijuana in your possession if you are under 21. There is a possibility of compliance with medical marijuana laws of California. As a result, you may come in effect of Vehicle Code 23222. Moreover, cases like these are better handed over to an attorney who has specialized in marijuana law in your state. Not to mention, criminal charges like these could have a damaging effect on your future which is why they must be dealt with legally.

Bottom Line

Contact Earl Jiang at 866-263-7866 and learn more about your rights without further delay.


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Let a Hayward Drug Crime Lawyer save your future after Drug Conviction

Let a Hayward Drug Crime Lawyer save your future after Drug Conviction

A drug conviction could become a life-changing experience. There is no doubt that you will face harrowing penalties and after that, you may find it challenging to go school or get decent work. Not to mention, the criminal conviction might live with you till the rest of your life.

Also, the California state does not treat offenders lightly whether it is a misdemeanor or a felony. A drug-charge can destroy your professional, academic and personal life. In the circumstances like these, you have to exhaust all your options for a plea deal or reduced sentence – and that can only happen if you invest in a credible, reputable and an expert attorney.

Your drug offense lawyer will help you overcome every legal facet that you face and get the best outcome – enabling you to move on with your life. If you don’t seek the services of a certified attorney, you may find trouble in the following areas.

Asset Forfeiture

If you have been found guilty of selling illegal substances and narcotics, you will end up losing your money, home, car and other assets. The court will take everything from you even after the charges are dismissed. This law is known as “Asset Forfeiture.” When you hire an attorney, he will assist you in severe matters like these.

Employment Issue

Employers will check your criminal record before hiring. When you apply for a job, the prospective employer may ask whether or not you have a criminal record. You shouldn’t hide the truth to avoid a problem. However, a drug offense may hinder landing work anywhere – especially in industries such as nursing, legal practice, commercial driving, law enforcement or any position that involves dealing with children.

Renting a Home Will Become Problematic

Drug charges will affect your ability to rent a place to live. Most landlords will only trust a tenant after determining his background. Upon finding out that the potential tenant is a drug dealer – there are very slim chances that you will be given tenancy – even if you have been dismissed from the charges.

Loan Rejection from Financial Institutions

It is evident that banks or other financial institutions will investigate your background. Loan and financing companies are focused on your ability to repay the loan. Holding a criminal record will result in immediate denial, and you will be regarded as a high-risk client. This way, you cannot get a loan for school, house, car, etc.

Child Custody

If you are embroiled in a circumstance like child custody, there are prominent chances that the court will question your character over the criminal record. Having a drug conviction may affect your ability to raise children, and you will more likely lose your family.

Information about Criminal Record

All criminal records remain public until they are sealed or expunged. There are significant chances that partners, lenders, or employers will find your criminal history. An experienced lawyer will work passionately to get the charges expunge allowing you to take a fresh start in several matters of life.

Bottom Line

You cannot move on entirely until you get away with the drug charges. To keep your future secure, call Earl Jiang at 866-263-7866 immediately.

Knowing Drug Possession Laws in California and Hiring a Fremont Drug Crime Lawyer

Knowing Drug Possession Laws in California and Hiring a Fremont Drug Crime Lawyer

If you have been charged with a drug crime, your next step should be hiring a certified attorney who knows how to proceed further without hurting your reputation. In a drug case, it is essential to fulfilling all legal formalities to prevent future problems. That is why you should look for an experienced lawyer. He will comprehensively analyze your case and come up with solutions and evidence that can help you get off the hook – or lead to a win-win situation.

Before obtaining services from a drug crime lawyer, you should learn about drug possession penalties in California. This way, you will get a better insight into your case, and it will also help find an attorney who will win the case for you.

Drug Possession Penalties

According to Californian law, penalties for drug possession vary. There are two kinds of cases, i.e., simple drug possession and possessing drugs for sale. In both scenarios, a lawyer can file for plea deals to trace real offenders or crime leaders. It is worth noting that a lower-level criminal who agrees to co-operate with the investigation team, will not face a penalty.

Simple Drug Possession

The penalties aren’t heavy if the narcotic is a mild depressant and in a small quantity. However, your criminal background will be investigated along with the particular circumstances associated with the crime. In case of a misdemeanor, you may face county jail for a year. Also, you may encounter a fine of $1,000 and one-year in county jail – that is if you have been found guilty of drugs as a felony.

Drug Possession for Sale

The penalties for drug possession for sale are more substantial than simple drug crimes. You will be fined $20,000 and up to four years in county prison if you have kept drugs with the intent to distribute. However, there is a distinctive law for substances such as cocaine, cocaine base, or heroin. In this circumstance, you may be incarcerated in county jail as per the weight of narcotics in possession. Your sentence could be from 3 to 25 years.

However, legally circumventing the law might be possible – and that can only happen if you opt for the services of a highly skilled and reputed drug offense lawyer.

Experience in Particular Area

You need to comprehend the fact that an attorney who has settled divorce negotiations conclusively cannot help you with a drug conviction. There are drug crime defense attorneys who have specialized in the area. You need to find an experienced lawyer regarding your case to monitor every aspect associated with it.

Your Involvement in the Procedure

A good lawyer will always simplify the laws allowing you to understand how things will take place in a drug case and to make a decision with a clear mind. Your attorney should keep you engaged throughout the process and work passionately for the best outcome.

Bottom Line

Going through a drug conviction is a harrowing experience. To fight the charges and get the best outcome – don’t hesitate to call Earl Jiang at 866-263-7866.