Sacramento Drug Possession Lawyer
Trusted Drug Possession Attorneys Serving Sacramento County, CA
Drug charges are taken very seriously by law enforcement and the courts. Whether you are facing charges for simple possession or possession with intent to sell, it is important to protect your rights by retaining an experienced lawyer. At Donato Legal Group, our Sacramento drug possession lawyer is committed to providing aggressive defense to individuals who have been accused of drug crimes. We understand the stress you are under and will do everything we can to help you get through this difficult time.
If you've been charged with drug possession, call us at (916) 318-5997 or contact us online for a free consultation.
Understanding Drug Possession Laws in California
In California, it is illegal to possess drugs without a valid prescription. Whether you are found with a small amount of a controlled substance or a large quantity, you could be charged with drug possession. The penalties for drug possession depend on the type of drug you are found with and the circumstances of your case.
Under California Health and Safety Code Section 11350, it is a felony to possess any of the following substances:
- Heroin
- Cocaine
- Prescription drugs
- Codeine
- Hydrocodone
- Oxycodone
- Gamma-hydroxybutyric acid (GHB)
- Methamphetamine
If you are found in possession of a controlled substance that is not on this list, you may be charged with a misdemeanor. However, if you are in possession of a large amount of the drug, you could be charged with possession with intent to sell.
Types of Defenses Against Drug Possession Charges
There are several defenses that can be used to fight drug possession charges, including:
- You did not know the drug was in your possession
- You did not know the drug was a controlled substance
- The drugs were found during an illegal search and seizure
When you hire our firm, we will review the circumstances of your arrest and the evidence against you to determine the most effective defense strategy. If the drugs were found during an illegal search, we will file a motion to suppress the evidence. If your rights were violated, we may be able to get the charges against you reduced or dismissed.
Consequences of Drug Possession Conviction in California
The penalties for drug possession depend on the type of drug you are found with and the amount of the drug you are found with. Possession of most controlled substances is a felony offense. The maximum sentence for felony drug possession is three years in state prison. However, if you are found with a large amount of the drug, you could be charged with possession with intent to sell. This is a more serious charge and is also a felony. The maximum sentence for felony possession with intent to sell is four years in state prison.
If you are found with a small amount of a controlled substance that is not on the list of substances covered under California Health and Safety Code Section 11350, you may be charged with a misdemeanor. The maximum sentence for misdemeanor drug possession is one year in county jail.
How Our Sacramento Drug Possession Lawyers Can Assist You
If you have been charged with drug possession, you may be facing serious penalties, including jail time. That's why it is important to hire a criminal defense attorney who can help you fight the charges against you. At Donato Legal Group, we have experience representing clients in a variety of drug cases and can help you fight for a reduction or dismissal of your charges. Our Sacramento drug possession attorneys will aggressively defend your rights and help you navigate the criminal justice system.
Local Insights on Drug Possession in Sacramento
In Sacramento, drug possession issues can go beyond legal challenges, deeply connecting with addiction, mental health, and access to local resources. The Sacramento County Department of Health Services provides programs addressing substance use, which can be crucial for those facing possession charges. Knowing this local landscape can play a pivotal role in shaping your case and exploring available options.
Residents in areas like Midtown Sacramento and South Sacramento may encounter situations where possession charges stem from misunderstandings or personal struggles. Sacramento Police Department’s heightened focus on drug-related offenses often increases scrutiny in these neighborhoods. For those battling substance use, this creates considerable anxiety as drug possession charges can impact employment, housing, and family stability.
Navigating the Sacramento County Court System
The Sacramento County courts take a strict stance on drug offenses, often leading to legal battles and concerns about incarceration. These challenges can feel isolating and uncertain, but there are ways to address them effectively. Developing a defense that not only addresses the legal elements but also the personal circumstances behind a case can make a significant difference.
At Donato Legal Group, we focus on navigating Sacramento's unique dynamics to build tailored defense strategies. By utilizing local resources and understanding the broader challenges, individuals facing drug possession charges can take steps toward a more positive outcome.
Get Started on Your Defense When You Contact Us for Your Free Consultation
If you have been charged with drug possession, it is important to get legal representation immediately. Our Sacramento drug possession lawyer at Donato Legal Group will aggressively defend your rights and help you get the best possible outcome in your case. We are available 24/7 to take your call and can meet with you in person or over the phone.
If you've been charged with drug possession, call us at (916) 318-5997 or contact us online for a free consultation.
Recent Case Results
We Prepare Every Case as if it's Going to Trial
Our top priority is to devise customized legal strategies that are tailored to the unique legal needs of our clients, no matter how simple or complicated their situations, might be.
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Dismissed Embezzlement
Client was a military veteran that was accused of embezzlement from his employer. Mr. Donato was able to get the employer and DA to drop all charges and dismissed the case.
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Case Dismissed Possession of Methamphetamine for Sale
Our client was one of several defendants charged with possession of methamphetamine for sale. The defendants were found at an alleged "crack-house" surrounded by various illegal narcotics, and even firearms. After threatening to go to trial, Mr. Donato had the entire case against our client dismissed by day two in court.
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Case Dismissed Battery Charge
This battery case was ultimately dismissed after our office conducted investigation and found independent witnesses who stated that the victim lied to police and actually started the fight. The DA agreed to dismiss the case and Ms. August was able to maintain her clean record.
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Dismissed Felony child abuse
Private Retained Counsel in Sacramento County; client was charged with felony child abuse and the DA offered prison time for plea bargan, Mr. Donato obtained the opinion of a child abuse expert and was able to get the DA to dismiss the case in the interest of justice.
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Case Dismissed Possessing Marijuana for Sale
Mr. Donato covinced the District Attorney that his client was protected under the Medical Marijuana Laws as a legal caregiver, and all felony charges regarding possessing marijuana for sale were dismissed.
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Full Acquittal DUI
Our office took this case to jury trial and received a full acquittal on all charges including DUI and refusing to take a chemical test. This would have been Mr. Sanchez's second DUI and would have resulted in a year long license revocation.
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Penalty Reduced Felony DUI
Client had previously been to prison for multiple DUI’s and was arrested again for DUI. We got client into treatment and persuaded the court (over the prosecutor’s objection) to sentence him to rehab instead of prison. Mr. Gerber is now a successful (and sober) project manager in the Bay Area.
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Dismissed 1st Degree Murder
Appointed Indigent Defense Counsel in San Joaquin County; Client was charged with 1st Degree Murder looking at 75 years to Life in prison: upon case discovery review, Mr. Donato was able to present evidence to the DA and get the entire case dismissed in the interest of justice.
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Not Guilty Gang Enhancement
Our office was proud to defeat the gang enhancement charge at trial for our client, who was charged with possessing a firearm for the benefit of a gang. Defeating the gang enhancement was the sole reason for going to trial, and it saved our client from gaining a second strike conviction, not to mention significant prison time.
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Case Dismissed Possession of Marijuana for Sale
Our client was facing felony charges of cultivation and possession of marijuana for sale. After successfully having the case dismissed, Mr. Donato also negotiated with the District Attorney to return the $20,000 in cash that was seized from our client.
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Case Dismissed Felony Charge
Getting this felony case dismissed at preliminary hearing was a fight. But by effectively cross examining the arresting officer and showing that our client was not an accomplice to the alleged crime, Mr. Donato succeeded in getting this dismissal. Our client came into the preliminary hearing facing felony charges of conspiracy and battery with great bodily injury, and he walked out a free man with an untarnished record.
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Case Dismissed Vehicle Theft and Evading Law Enforcement
With our client charged with felony vehicle theft and evading law enforcement, Mr. Donato sought out the necessary investigation to show that his client was actually not the driver of the vehicle. The DA dismissed all charges.
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Not Guilty Sexual Assault
With a client facing life in prison on sexual assault charges, our office decided to take this case to trial. After fighting to expose the holes in the Prosecution's case, the jury returned not guilty verdicts on all counts. Our client was released from custody the same day.
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Full Acquittal DUI
Mr. Donato won a full acquittal at trial by showing that the DA could not prove Mr. Brown was under the influence of alcohol at the time he was driving. The jury concluded the case was too speculative, and Mr. Brown walked on all DUI charges against him.
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Not Guilty Felony Domestic Violence
Our client faced charges for felony domestic violence and misdemeanor child abuse. Mr. Donato showed the jury at trial that Mr. Hillman's spiteful ex-girlfriend had lied about the facts. Mr. Hillman walked into trial facing 10 years in prison, but he walked out a free man.
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Reduced to a misdemeanor Charged with felony sexual battery
Appointed Indigent Defense Counsel in San Joaquin County; the client was charged with felony sexual battery and looking at his third strike and 25 years to Life in prison; upon body worn camera review, Mr. Donato was able to present evidence to the DA and had the case reduced to a misdemeanor and the client was released from jail custody that day.
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Case Dismissed Possessing Marijuana for Sale
Even before trial, our office had this case dismissed by presenting evidence that our client, who faced felony charges of possessing marijuana for sale, qualified as a legal caregiver and was protected from prosecution under the California medical marijuana laws.
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Not Guilty Illegal Discharge of a Firearm
Client was charged with multiple felony assaults and unlawful discharge of a firearm with gang enhancements and looking at life in prison. Mr. Donato was able to get a full acquittal.
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Case Dismissed Battery Charged
With a client facing charges for spousal battery, a serious offense that would have cost him his job, Mr. Donato effectively negotiated with the DA, resulting in a full dismissal in return for 12 anger management classes.
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Not Guilty Possession of a Concealed Firearm
Charged with possession of a concealed firearm inside of a car, our client was facing special criminal enhancements. Not only did the gun have an illegal high-capacity magazine, our client allegedly possessed the gun in association with a gang. Mr. Donato fought this case at trial and hung the jury 9-3 for not guilty. But the District Attorney elected to re-try the case. Mr. Donato responded by taking the case to trial again, this time returning with a full not guilty verdict.
