Drug charges remain some of the most frequent criminal cases in California, despite recent legislative changes. This article addresses widespread myths and misconceptions around drug charges, providing clarity if you or a loved one faces drug possession or trafficking allegations.
False: Even seemingly minor charges today can have long-lasting consequences. California courts take drug possession seriously, and proposed legislation could increase penalties even for minor drug offenses.
Proposition 36 seeks to modify the current treatment-focused approach (established under Proposition 47) by creating a “treatment-mandated felony” for possession of certain hard drugs by individuals with two or more prior convictions.
Partially False: While first-time offenders may avoid jail with a skilled defense attorney’s help, it’s not guaranteed. Several factors—like prior convictions, the amount of drugs, and the specific context—determine whether jail time is avoidable. Each case is unique, and every detail matters.
Partially True: While some non-violent and non-serious convictions are sealed from public view after a certain time, not all drug crimes are eligible for this automatic sealing. Under a 2022 law, certain convictions are sealed after the sentence is served, provided there are no new convictions for four years.
However, securing an expungement as soon as possible is wise, as the law could change. Fortunately, you don’t have to learn how to do this on your own – an attorney experienced in expungements can streamline the process, making it easier for you to move forward.
Attorney Don Matson is an approachable and effective Pasadena criminal defense lawyer who has helped countless clients just like you navigate drug charges and arrests in California. His advice is grounded in hundreds of successful negotiations and courtrooms – and he is ready to put this experience to work for you.
Have you or a loved one been charged with a drug crime in California? You “Better Call Don” today to schedule an initial consultation.
False: Several circumstances allow police to conduct warrantless vehicle searches:
What’s more, impounded vehicles are thoroughly searched as part of an inventory process, and if you’re arrested near your vehicle, police may search it under a “search incident to arrest” rule.
False: All criminal charges carry serious potential consequences, including drug paraphernalia charges. While unused paraphernalia (like a new glass pipe) may not lead to charges on its own, paraphernalia with drug residue can result in possession charges.
It’s also important to keep in mind that a criminal conviction, even for drug paraphernalia, could mean probation and, if the terms aren’t met, potentially jail time. A missed court date on a paraphernalia charge could also lead to an arrest warrant and further legal trouble.
False: In California, possession is broadly defined. Even if drugs aren’t on your person, you could be charged. For example, drugs found in the back seat of your car may lead to a possession charge for everyone present, depending on the circumstances.
False: A criminal defense attorney brings valuable experience to your case, knowing how to navigate the system and protect your rights. Beyond defense, an attorney can connect you to resources and treatment options if you’re interested in pursuing them. Protecting your future starts with experienced legal guidance – and that starts with making a call to an attorney you can trust today.
Facing A Drug Charge In California? Don’t Leave Your Future To Chance.
For more information on California Drug Charges, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 600-3437 today.
Attorney Don Matson is an approachable and effective Pasadena criminal defense lawyer who has helped countless clients just like you navigate drug charges and arrests in California. His advice is grounded in hundreds of successful negotiations and courtrooms – and he is ready to put this experience to work for you.
Have you or a loved one been charged with a drug crime in California? You “Better Call Don” today to schedule an initial consultation.
