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Drug Possession Lawyer 2018-04-04T09:32:26+00:00


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Drug Possession Lawyer

METHAMPHETAMINE · ECSTASY · COCAINE · MARIJUANA · PRESCRIPTION DRUGS

In many instances, a charge of drug possession arises from a traffic stop. As a result, the defendant may face additional charges relating to driving under the influence DUI. There are several complexities which can be raised as a defense, including; an unlawful stop or illegal search and seizure, which can get your case dismissed.

DIVERSION PROGRAMS: DO YOU QUALIFY?

We may be able to get nonviolent offenders to qualify for diversion programs. We may be able to negotiate a favorable deal with the district attorney and make certain the charge is eventually removed from your record. We will fight for your rights.

CALIFORNIA MARIJUANA LAWS

Several sections of California’s Health & Safety Code deal with possession, use, and sale of marijuana. Some can be charged as misdemeanors, and others are charged as felonies. Possible penalties include fines, time in county jail or state prison, or diversion through drug court.

 If you’ve been charged with violating any of these provisions, call us immediately (877) 705-3425 for a free and confidential consultation.

HEALTH & SAFETY CODE 11357 –  simple possession of marijuana,  infraction or misdemeanor.

    • Possession of an ounce (28.5 grams) or less of marijuana is classified as an infraction and punishable by a fine of up to $100. No jail time.
    • Possession of more than an ounce of marijuana is usually charged as a misdemeanor, with up to $500 in fines and up to six months in county jail.

HEALTH & SAFETY CODE 11358 – Cultivating, harvesting, and processing marijuana.

    • Conviction under HS 11358 is a felony and can result in a state prison sentence.

HEALTH & SAFETY CODE 11359 – Felony to possess marijuana with the intent to sell it.

    • Conviction under HS 11359 is a felony and can result in a state prison sentence.

HEALTH & SAFETY CODE 11360 – Transportation or importation of marijuana a felony.

    • Conviction under HS 11359 is a felony and can result in a state prison sentence.

HEALTH & SAFETY CODE 11364 – It is illegal to possess paraphernalia used to ingest or smoke marijuana or other controlled substances.

Penal Code 1000 (PC 1000)

    • Penal Code 1000 lets you enter a guilty plea to the possession charges and in exchange, the court would issue a “deferred entry of judgment.” Once you complete a comprehensive drug treatment program that includes counseling, drug testing, group sessions and other therapies, the court will dismiss the drug possession charges.
    • It is important to note that these programs are not available for people charged with selling, manufacturing, or trafficking drugs.
    • To qualify for Deferred Entry of Judgment / Diversion, the defendant must meet specific requirements, including:
      • No prior convictions for drug possession;
      • No element of violence in the current offense;
      • No outstanding probation or parole violations;
      • No participation in a diversion or deferred entry of judgment program within the preceding five years;
      • No prior felony convictions within the preceding five years.

Proposition 36 (prop 36) under Penal Code 1210.1 

    • PC 1210.1 states non-violent people charged with possession of illegal drugs have the chance to enter a treatment program rather than be sentenced to jail or prison. There are strict guidelines which the defendant must meet.
    • Under PC 1210.1, the defendant agrees to enter a guilty plea. The judge will submit a ruling. Subsequently, the defendant will be left with a conviction on his/her criminal record. One may think that all roads lead to jail at this juncture. Instead of a jail sentencing, the defendant will be allowed to be on probation and will usually be enrolled in a drug treatment facility. The defendant might also be ordered to participate in community service or therapy.

Drug Possession Lawyer

For a free consultation about the details of your case, contact us immediately (877) 705-3425.

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Testimonials
Bobby Shamuilian was Hands Down the BEST attorney I have ever dealt with. He is an experienced and knowledgeable attorney, who is HONEST and not in it to try and rip you off for the money. His staff is professional and extremely pleasant. I have saved his number in my contacts and will call him if I am EVER in need of an attorney, I would also recommend him to anybody I know, he is an AMAZING attorney.
Annifred F.
An excellent and professional consultation followed by a successful win of my case.
Dan P.
Thank you Kirk. You guys are top notch. Kept me informed on everything that was going on with my case and I didn’t have to show up in court once. Got my case dismissed, now I can move on. I would recommend this law firm to anyone that wants a fair shake.
James
I had a difficult case that I was trying to fight from outside the state it was turned down twice. Once by the DA, and the second time by the judge, they continued to fight for me, and got the results I was looking for. They really do care about their clients and will not stop fighting till they get you the results you want.
Adrian A.
I couldn’t be happier with the service we received. From the very beginning I could tell that these lawyers knew a lot about DUI cases and throughout our court days they went above and beyond to make sure we were prepared for whatever might come our way. They definitely prepare you for the worst but get you the best. They covered every single base and we got an amazing outcome. I would recommend them any day.
Client
I want to thank Bobby, Kirk, and the entire staff. They recalled my warrant and got my case dismissed in no time. They answered my concerns and took me step by step in the process. I didn’t even have to appear in court. They represented me and took care of my case all the way. Thank you!!!
Suriel A.
I would like to thank Mr. Shamuilian and Mr. Tarman for helping me to get a good result for my case. They are very reliable people that kept things very professional. I recommend them strongly, they will help you tremendously. I was very lucky that I had the opportunity to work with such highly skilled people. You won’t regret hiring them, thanks again.
Bachir
Good attorneys are hard to find! Bobby Shamuilian actually represented me with my best interest at heart. He gave it his all and because of that my case is being dismissed today. This firm is most definitely the best one to have if you need a criminal attorney. God forbid I ever need a criminal defense attorney, I would not even consider anyone else to represent me. Absolutely an amazing attorney!!!!! THANK YOU!!!!
Christine
I had the pleasure of working with Kirk, and his office regarding my DUI case. I was originally charged with 2 felony counts (vehicle codes 23153A & 23153B). Kirk’s office was very professional and was able to negotiate with the District Attorney get my conviction reduced to a 1 count misdemeanor. Throughout the whole ordeal of two court dates, he and staff was available for any of my questions and concerns.
Tobias
Everyone in the office was helpful and professional. There was never a time when I thought they weren’t going to be there when we needed them. Their reputation and professionalism was the primary factor for using this law firm. Boy, were we impressed with all of the work they put into our case. Thank you to everyone in the office for always making us feel like we were your only clients!
Neckole S.
I found myself facing a DUI and scared to death. From the very start of the initial consultation, Attorneys Kirk Tarman and Bobby Shamuilian put me at ease. They handled my DMV Hearing and the court proceeding and truly fought for me. They were always attentive to my phone calls and emails, keeping me informed. They were able to get me a reduced charged so that I do not have a DUI on my record. I am so thankful to have retained them for my case.
Blaine
Got my case dropped from a felony to 2 misdemeanors to having everything dismissed. Justice has been served, nothing more I could ask for! Many thanks Patty, Kirk and Bobby!
Rod R.

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