Drug Crimes

Since the passage of Proposition 47 in 2014, simple possession of most controlled substances for personal use (Health and Safety Code 11350) is classified as a misdemeanor in California. Penalties typically include up to one year in county jail and fines up to $1,000. However, many first-time offenders are eligible for drug diversion programs under Penal Code 1000 or Proposition 36, which can result in a complete dismissal of charges upon successful completion. Contact Attorney Cocis at (951) 400-4357 to discuss your eligibility.

Yes. California offers several drug diversion programs that allow eligible defendants to complete treatment and education programs instead of serving jail time. Penal Code 1000 (Deferred Entry of Judgment) and Proposition 36 are the most common programs available at the Southwest Justice Center. Upon successful completion, the charges are dismissed and the arrest can be sealed. Attorney Cocis has helped hundreds of clients access these programs and will evaluate your eligibility during a free consultation.

Drug possession for personal use (HS 11350) is a misdemeanor, while possession for sale (HS 11351) is a felony carrying 2 to 4 years in state prison. The prosecution determines the charge based on factors such as the quantity of drugs, packaging (individual baggies vs. bulk), the presence of scales or large amounts of cash, pay-owe sheets, and whether the defendant was observed making transactions. Attorney Cocis challenges these inferences aggressively, because the difference between the two charges can mean the difference between a diversion program and years in prison.

Police can search your vehicle during a traffic stop only under specific legal circumstances: if they have probable cause to believe the vehicle contains contraband, if you consent to the search, if drugs or paraphernalia are in plain view, or if you are arrested and the search is incident to that arrest. If the search was conducted without proper legal authority, Attorney Cocis can file a motion to suppress the evidence under the Fourth Amendment, which can result in the charges being reduced or dismissed entirely.

Recreational marijuana use is legal for adults 21 and older in California under Proposition 64. However, there are still many marijuana-related offenses that can result in criminal charges, including possession of more than 28.5 grams, possession with intent to sell without a license, cultivation of more than 6 plants, driving under the influence of marijuana, and providing marijuana to minors. If you are facing marijuana-related charges, contact the Law Office of Nic Cocis for a free consultation.