If I am caught with an illegal drug, but I didn’t actually use it,
can I still be charged with anything?
Yes. As long as you are caught with a controlled substance, you can be
charged with possession, regardless of whether you used any amount.
If am I charged with drug possession, do I automatically go to jail?
No. Depending on the circumstances of your case, you may be able to avoid
jail time by completing drug rehabilitation / treatment instead.
If I am caught with a legal prescription medication, can I be charged with
Yes. If you are caught with certain medications, such as Vicodin, codeine
and others, and you don’t have a prescription for these medicines,
you can be charged with possession.
What does DEJ mean?
DEJ stands for “Deferred Entry of Judgment.” This is a legislative
program for first-time drug offenders that allows for a drug possession
case to be dismissed without the defendant ever having to plead guilty.
A defendant in the DEJ program must complete a drug program and then not
pick up any new charges for a specified period of time. Once that time
has passed, the case is then dismissed. The lawyers at Lessem, Newstat
& Tooson, LLP can determine for you if you are eligible for DEJ and,
if so, what precisely you need to do to successfully complete the program
and get your case dismissed.
What is Proposition 36?
Proposition 36 is a legislative program set up to help drug offenders receive
education and treatment instead of jail. Proposition 36 requires a qualified
defendant to plead guilty and then complete a drug program. Once the drug
program is successfully completed, the person becomes eligible to have
their case dismissed. Proposition 36 is often a good option for drug offenders
that are not eligible for the DEJ program. The lawyers at Lessem, Newstat
& Tooson, LLP can determine for you if you are eligible for Proposition
36 and if so what precisely you need to do to successfully complete the
program and get your case dismissed.