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Complaint For Wrongful Interference With Right To Possession For...

Wrongful Possession Of A Controlled Substance In Sacramento

Category:

Civil Actions - Wrongful Interference

State:

Multi-State

County:

Sacramento

Control #:

US-000303

Format:

Instant download

Description

This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.

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FAQ

Federal Drug Mandatory Minimum Sentences for Possession For possession, you won't be required to serve a mandatory minimum sentence, unless you have a prior drug conviction from federal or another state jurisdiction, then you'll be sentenced to no less than 15 days of incarceration with a maximum of up to two years.

Under California drug sentencing guidelines, most instances of simple drug possession (for personal use) get charged as misdemeanors rather than felonies. The crime is punishable by: imprisonment in county jail for up to one year, and/or. a maximum fine of $1,000.

Generally, for a court to find that a person had constructive possession of an object, the person must have had knowledge of the object, and as well as the ability to control it. For example, someone with keys to a safe deposit box may have constructive possession to the contents of that box.

Whether your constructive possession case involves illegal drugs, firearms, or anything else, the penalties can be detrimental. You could face fines, probation, imprisonment, and more, not to mention the hardships that can come from having a criminal record.

Mandatory Minimums for Drug Crimes SubstanceMinimumMaximum Trafficking 21 U.S.C. § 841(b)(1)(A)/960(b)(1) substances (e.g., 1 kilo or more of heroin) 10 years life if death or serious injury results 20 years life with prior drug felony conviction 20 years life27 more rows •

If you're wondering, “What are low-level drug offenders?” the simplest answer is someone who has committed a minor, non-violent offense, such as possessing a small amount of a controlled substance that has minimal risk of abuse and commonly accepted medical uses.

However, if you are in possession of a controlled substance such as cocaine, methamphetamine, heroin, LSD, meth, ecstasy, ketamine, and prescription painkillers that one does not have a prescription for, then you are facing felony charges punishable by up to 3 years imprisonment.

Simple possession, or possession of a controlled substance for personal use, is typically treated as a misdemeanor, especially for first-time offenders. Penalties may include up to one year in jail, probation, fines, and participation in a drug treatment program.

More info

Distribution, manufacture, possession, or cultivation of controlled substances is unlawful under California law. What you need to know about facing drug crimes in California.Call The Ward Firm at 916-443-2474 for a free consult. Even for first time offenders, you could be in prison for over a year or more or even life. In California, police need probable cause for stops, searches, or arrests. This rule protects people from unfair police actions. When you're accused of drug trafficking, you're accused of transferring or importing unlawful drugs. The California Uniform Controlled Substances Act. California Health and Safety Code § 11350(a) HS makes it a misdemeanor offense to be in the unlawful possession of a controlled substance. They include the use, possession, manufacturing, and distribution of unlawful controlled substances, unauthorized prescriptions, and drug paraphernalia.

Wrongful Possession Of A Controlled Substance In Sacramento

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What is the minimum sentence for drug possession?

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What are the two elements of constructive possession?

Can you get probation for constructive possession?

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