Drug Charges in Orange County

The Law Offices of Robert J Hickey has handled thousands of drug cases. Our approach is unique in that we believe that the drug problem may be more important than the legal issues. If the drug problems are ignored, then subsequent legal problems are inevitable. Quite simply, if there were no drug problems there would be no legal problems.

We believe it is important to have the client accessed and get the client treatment if necessary.

This approach has proven successful in both the client’s personal life and representing the client at court. The goal is to have a plan in effect when appearing in court which demonstrates that we have addressed the client’s drug problem without direction from the court.

This can be as simple as having a client attend Narcotic Anonymous meetings, Drug Awareness classes and up to residential treatment programs.

It is very important to meet with clients as soon after the arrest as possible to complete the assessment and formulate a plan for recovery if necessary.

Most judges agree that treatment is more effective than a jail sentence when dealing with drug cases.

Mr Hickey is very successful in helping clients with their drug problems and most often getting cases dismissed after demonstrating rehabilitation to the court.

Call the Law Offices of Robert J Hickey as soon as possible to get both personal and legal help! (714) 525-4457

Possession of less than an ounce of marijuana (11357 Health & Safety Code)

The least serious of the drug charges. The most serious consequence of a conviction of this charge is if your are under 21 you will suffer an 1 year driver’s license suspension once the DMV receives notice of the conviction form the court.

There are programs and classes available to show the court and in most cases Mr. Hickey can get the case dismissed and avoid the license suspension.

Under the Influence of a Controlled Substance (11550 Health & Safety Code)

This charge is a misdemeanor but by law upon conviction there is a mandatory minimum of 90 days in jail. If your are under 21, a conviction will result in a 1 year driver’s license suspension.

There are programs and classes available and in most cases Mr. Hickey can avoid the mandatory jail time and driver license suspension and have the case dismissed.

Possession of a Controlled Substance for Personal Use (11377, 11350 Health & Safety Code)

This charge is nearly always filed as a felony and has a maximum prison sentence of 3 years in state prison. The serious aspects of this charge is that if not handled correctly you could have a felony conviction permanently on your record and serve time in jail. Further if you were under 21 at the time of your arrest, a conviction will result in a 1 year driver’s license suspension.

Mr. Hickey has represented hundreds of clients facing these charges and nearly every time had the client’s case dismissed, provided the client was able to complete the programs successfully.

Possession of a Controlled substance with the Intent to Sell (11378, 11351 Health & Safety Code)

This charge can only be filed as a felony. If probation is not granted it has a minimum prison sentence of 2 years and a maximum of 4 years.

This charge is much more serious than a simple possession because it involves the implication of drug sales. Because it is more serious the courts are less likely to permit alternatives to serving time in jail unless the case is reduced to simple possession.

The difference between this charge and simple possession charge is that there were additional facts beyond the possession that lead the arresting officer to believe the person arrested intended to sell the drugs. These facts can include one or all of the following: possession of a large quantity, the drug was packaged in numerous separate packages or baggies, the person arrested had cash in his possession, a “pay owe sheet”, digital or mechanical scales, packaging materials, cell phone or phones, text messages, voice mails or intercepted calls which show the person arrested is involved in transactions with others.

Nearly everyone of these additional facts could be an indicator the person intended to sell but are not always determinative. Sometimes people buy larger quantities to get a discount or to avoid the risk of getting arrested or robbed during the transaction. Buyers sometimes have scales to weigh their purchases to make sure they are getting what they paid for and the cash can be explained by showing other means of how the client earns money.

Mr. Hickey has handled several hundred drug sales cases and is very experienced in evaluating a case and presenting arguments to have the case reduced to simple possession if the facts of the case are not too bad.

If the charges are reduced to simple possession, it is very likely the person arrested can avoid serving time in jail and potentially having the case dismissed.

Please call Mr. Hickey as soon as possible to have him evaluate your case. There is no charge or obligation to speak with him. (714) 525-4457

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