What Is the Jail Time for 1st-Time Drug Possession in CA?

Getting charged with drug possession for the first time is stressful, as you likely are worried that you will go to jail. Always discuss your situation and possible outcomes with an experienced Riverside drug offenses lawyer. 

Getting arrested for drug possession is a frightening experience, especially because you might go to jail. There are various factors that determine whether a first-time drug offender will be sentenced to jail, and there are also ways to defend against a conviction, to begin with. Your first call should be to consult with a Riverside drug offenses lawyer. 

Is There Possible Jail-Time for a 1St-Time Offender?

In California, many drug charges are misdemeanors due to reformed criminal laws. However, there is still the possibility of a one-year sentence for a misdemeanor conviction, so these are still serious charges. The good news is that jail time is far from guaranteed, and many people avoid it with the right defense assistance. 

Some factors that make a jail sentence less likely include:

  1. Having a small amount
  2. Possessing less serious drugs
  3. Having no criminal history

In many cases, if your case seems minor, a judge will require you to complete a period of probation instead of spending time behind bars. 

Probation is nothing to be taken lightly, however, as there can be strict rules and conditions you must follow to successfully complete the probation. These can include undergoing drug tests, paying fees, attending counseling, holding down a job, and more. While probation is preferable to losing your freedom completely, you need to make sure you are willing to abide by the conditions – otherwise, you can face additional consequences, including time in jail.

If you are pleading guilty to your charges, a skilled Riverside drug offenses lawyer from DeLimon Law can often negotiate a plea deal with the prosecutor that involves recommending probation in lieu of jail time, so If you 

What is Drug Diversion Program?

Also known as “drug court,” many first-time drug offenders are accepted into California’s drug diversion program. You can be accepted into drug court if you meet certain criteria, including: 

  1. Have no drug offenses or felony convictions on your record in five years
  2. Your allegations involve simple possession and not selling or distributing drugs
  3. There was no violence or threatened violence involved in the offense

If the possession was for personal use and it seems that the defendant would benefit from treatment, the court can set aside the criminal case and give the defendant the opportunity to complete drug court. This involves following stringent guidelines, but after successful completion, the case can be dropped. This not only helps you avoid jail time but also a conviction on your record. 

Speak with a Riverside Drug Offenses Lawyer Immediately

There are different possible outcomes of a first-time drug possession case, and you should discuss all of your options with an experienced Riverside drug offenses lawyer as soon as you can. At DeLimon Law, our attorneys know how to obtain the best possible outcome in each case, and we work to avoid convictions and keep our clients out of jail whenever possible. 
If you have been arrested or face drug possession charges, do not wait to call (951) 382-5559 or contact us online so we can begin defending your rights.

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