Information Regarding My California Drug Possession Case

When facing drug possession charges it is important to know how the law will regard you. Everything depends on how much you were caught with and how it was packaged. Unfortunately for the arrestee, this can be an overly broad assessment of what your intent was. For example, if you were arrested with an ounce of marijuana in one bag, the charges would be far less severe if the same amount were split into three bags. With individual bags, you're facing possession on top of intent to distribute. Now, the law regards you as a drug dealer, even though you broke it up into three bags to keep in three different places for your own personal use. 

The California Health and Safety Code also separates offenses related to controlled substances formerly classified under state law as narcotics or "restricted dangerous drugs" from offenses related to marijuana. California laws also establish separate offenses related to phencyclidine (PCP) and methamphetamine.

A prosecutor can charge a defendant with simple possession when the defendant possessed one of the substances listed under the Health and Safety Code. The state has the authority to punish drug-related offenses according to Section 1170 of the California Penal Code, a prosecutor may charge a defendant with "possession for sale" or "purchase for the purpose of sale" if the state believes that the defendant intended to engage in drug dealing. In addition, California law criminalizes the possession of specified ingredients that can be used to manufacture illegal substances such as PCP or methamphetamine.

Drug charges are very serious. Don't face it alone. Competent legal counsel can be the difference between community service and San Quentin. Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 for more detailed information pertaining to your California drug possession case. 

Sue Reams, California's Three Strikes Law

Since November's 2012 election, more than 240 people serving harsh sentences under California's Three Strikes Law have been released, and many more are expected to be released in the future. This is a step in the right direction in reducing our nation's prison overpopulation epidemic. This unjust law sent many to prison to serve 25 years or more for drug offenses or small petty crimes. The effort was intended to reduce the out of control gang problem of the 90's. What it did was create a very discriminate dragnet to those who reside in or around gangland--which is every impoverished neighborhood in California.

One person we can thank for overturning this heinous law is Sue Reams. Sue campaigned to change California's Three Strikes Law and help set free her son, Shane Reams, free. Her son, was sentenced to a minimum of 25 years in prison for being involved in the $20 sale of crack-cocaine. A drug far less pure than cocaine and far more punishable by law. When news of her son's conviction hit, she went into action. She began to campaign to have the Three Strikes Law overturned. She campaigned vigorously, writing senators and members of congress, petitioning, attending hearings, doing anything she could to bring attention to this imbalance. Change didn't come overnight, however.

Sue Reams' son, Shane, served 17 of his 25 year minimum sentence. During his time in prison, Shane was forced to join a prison gang. He saw and participated in things he should have never been exposed to, especially in our prison system. A better fit for Shane's situation would have been sentencing Shane to a drug counseling program in lieu of a lengthy prison sentence. This is the argument Sue has campaigned on for 17 years. Finally, during the fall of 2012, her prayers were answered.

Today, drug counseling programs and gang prevention programs will have their chance to take a bite out of crime. Dealing with the source of the problem, rather than the problem itself, can produce fruitful results in the form of rehabilitated and functional members of society. This will hopefully result in less prisons and prisoners.

Click here to listen to Sue's interview with NPR as she talks about her impressive mission and victory. Contact San Jose Criminal Defense Attorney if you have been charged with a criminal matter.