Most Frequently Charged Drug Crimes in Orange County
Are you facing charges of drug crimes in Orange County? If so, you’re not alone. In 2012, The Orange County District Attorney’s office prosecuted 9,167 drug-related cases. A drug crime falls into one of three categories:
- Simple possession;
- Possession for sale; and
- Sales/Transportation.
Simple Possession of a Controlled Substance (HS §11350, HS §11377)
Not surprisingly, simple possession of a controlled substance under California Health and Safety Code section 11350 is the most frequently charged offense, with 7,347 cases filed. This means that 80% of all drug-related cases are for simple possession of a controlled substance. Included in this category is possession of marijuana, which represents the bulk of these cases. If you possessed not more than one ounce of marijuana, the prosecution can only charge you with an infraction, punishable by a fine of not more than $100. Possession of more than one ounce of marijuana is punishable by up to six months in county jail and/or a fine of up to $500.
The recent passage of Proposition 47 in California mandates that possession of “hard” drugs, such as methamphetamine, cocaine and heroin will now be charged as a misdemeanor, not a felony. If you are convicted of misdemeanor possession of these controlled substances, you face up to one year in county jail and/or a fine of up to $1,000 if this is your first offense.
The attorneys at Wallin & Klarich can help you to avoid jail time and even keep a first offense simple possession conviction off your record. Click here to view how we have helped clients facing possession of a controlled substance charges.
Possession for Sale of a Controlled Substance (HS §11351, HS §11378)
The next most frequent drug-related crime prosecuted in Orange County is possession for sale of a controlled substance. Last year, the Orange County District Attorney’s office prosecuted 1,202 possession for sale cases, or about 13% of all drug-related cases.
In order to convict you of possession for sale of a controlled substance, the prosecution must prove all of the following elements at trial beyond a reasonable doubt:
- Possession: You had physical control or the power to control the controlled substance.
- Knowledge: You knew the controlled substance was present.
- Quantity: You possessed an amount of a controlled substance that was enough to infer that it was for sale;
- Intent to Sell: You possessed or purchased the controlled substance with the specific intent to sell it or for someone else to sell it. Evidence of intent to sell may include:
- The quantity of the drug;
- How it is packaged or the existence of packaging materials (baggies) in the same location;
- The amount of money found on you or near the drugs; and
- The absence of paraphernalia indicating personal use.
Possession for sale of a controlled substance is a very serious felony. If you are convicted of possession with the intent to sell a controlled substance, you face two, three or four years in county jail. Possession for sale of cocaine base (“crack”) can bring up to five years in prison. A fine of up to $50,000 may also be imposed in either case.
If you’ve been arrested for possession for sale of a controlled substance, you’ll need an experienced and knowledgeable criminal defense attorney from Wallin & Klarich to represent you in court and fight for your rights. Find out how our Orange County drug crime attorneys have helped clients charged with possession for sale of a controlled substance here.
Sales/Transportation of a Controlled Substance (HS §11352, HS §11379)
The Orange County District Attorney’s office prosecuted 618 cases of Sales/Transportation of a Controlled Substance in 2012. This is about 7% of all drug-related cases filed in Orange County. You are guilty of a sales/transportation of a controlled substance charge if you do or offer to do any of the following:
- Transport;
- Import into this state;
- Sell;
- Furnish;
- Administer, or
- Give away any controlled substance.
The drugs do not have to be illegal. For example, if you have legal, prescription medication in your car but you do not put the medication in its properly labeled container, you can be charged with illegal transportation of a controlled substance.
A sales/transportation charge is also a very serious felony. If you are convicted of sales/transportation, you face up to five years in prison and/or a fine of up to $50,000. If you transport drugs illegally beyond two counties, you face up to nine years in prison plus the same fine.
Click here to find out more about how our attorneys have successfully defended our clients when facing charges of sales/transportation of a controlled substance.
Wallin & Klarich Can Help You if You’ve Been Charged with Drug Crimes in Orange County
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, Wallin & Klarich has successfully represented clients facing drug charges in California for over 40 years. Drawing from extensive experience, our talented criminal defense lawyers will thoroughly review your case and develop an effective defense strategy specifically tailored to your case. In many cases, we have been able to arrange for alternative sentencing or drug diversion, helping some of our clients to avoid jail time and in some cases keeping a drug possession charge off a client’s permanent record.
Our goal is to provide you with the best legal representation possible and help you get the best result possible in your case. Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation. We will get through this together.
