When you are facing drug possession charges, every decision matters. At Law Office of Mathew Martinez, we deliver a proven blend of strategic defense and real courtroom experience as your drug possession attorney in Sacramento. Our unique background on both sides of the legal system lets us craft defense strategies that anticipate prosecutorial tactics while focusing on results that protect your future.
Our commitment is not just to legal excellence, but to guiding you confidently every step of the way—minimizing the stress and uncertainty that come with criminal charges in Sacramento County. Many residents worry about the potential consequences of a drug charge. Hiring a drug possession lawyer in Sacramento with real prosecutorial experience ensures your case benefits from both insight and diligence.
Contact a dedicated drug possession attorney in Sacramento at the Law Office of Mathew Martinez today. We offer free consultations and affordable bilingual services to provide immediate legal guidance. Call us at (916) 318-5142 or fill out our online form to schedule your appointment.
Understanding Drug Possession Laws in California
In California, drug possession is a drug crime under Health and Safety Code §§ 11350 and 11377. The law defines "possession" in three ways, and a drug possession attorney in Sacramento must be prepared to defend against all of them:
Actual Possession: This means the drugs were found on your person, in your hand, or in your clothing.
Constructive Possession: This means the drugs were found in a location you had control over, such as your home, car, or office. The prosecution must prove that you knew of the drugs' presence and had control over the area where they were found.
Joint Possession: This means you and at least one other person had shared control over the drugs.
The most significant change to California's drug possession laws came with the passage of Proposition 47 in 2014. This law reclassified many felony drug possession offenses as misdemeanors for personal use. While this made the penalties less severe, a conviction is still a criminal record that can have a serious impact on your life.
However, certain circumstances can still lead to felony charges, including:
Possession of a large quantity of drugs that suggests an intent to sell.
Possession of certain types of drugs, such as those used to manufacture illicit substances.
Having a prior conviction for a serious or violent felony.
A skilled Sacramento drug possession lawyer will analyze the facts of your case to determine if a felony charge is appropriate and will fight to have it reduced to a misdemeanor, if possible.
Penalties and Collateral Consequences of a Drug Possession Conviction in California
Even a misdemeanor conviction for drug possession in California can have a long-lasting impact on your life, extending far beyond fines and jail time.
Jail Time: A misdemeanor conviction can result in a sentence of up to one year in county jail.
Fines: You can face fines of up to $1,000 for a misdemeanor conviction.
Probation: You may be placed on probation, with mandatory drug counseling or treatment.
Criminal Record: A criminal record will stay on your record, making it difficult to find a job or secure housing.
Professional Licenses: A drug conviction could risk your ability to get or keep a professional license.
Immigration Issues: A conviction can have severe consequences for non-citizens, including deportation.
This is why it is so crucial to hire a drug possession attorney in Sacramento immediately. A conviction, even for a misdemeanor, can impact every aspect of your life.
Understanding The Legal Process in Sacramento Drug Possession Cases
If law enforcement charges you with drug possession in Sacramento, your case proceeds under California law and the specific practices of the Sacramento County court system. For many first-time or non-violent defendants, there is an opportunity to avoid conviction entirely through local diversion programs.
But every stage—from arrest through potential trial—demands careful, informed decision-making by both attorney and client.
Initial arrest & arraignment: Charges are formally filed, and you will make your first appearance in Sacramento Superior Court. Early intervention by your defense lawyer is crucial for protecting your rights from the start.
Pretrial investigation: All law enforcement actions are scrutinized for constitutional violations, such as illegal searches or improper Miranda warnings. Flaws may result in suppressed evidence or even dismissal of your case.
Negotiation & alternatives: Many drug possession cases in Sacramento qualify for alternative sentences, including diversion, Drug Court, or deferred entry of judgment. We advocate for access to these options whenever possible.
Trial preparation & defense: When cases advance to trial, we use our prosecutorial perspective to anticipate arguments, cross-examine the credibility of witnesses, and challenge the prosecution at every turn.
Case resolution: Whether by dismissal, reduction, or alternative sentencing, we provide guidance on how each resolution will impact your record, your future opportunities, and your immediate peace of mind.
Comprehensive Drug Possession Defense Services in Sacramento
No two drug possession cases are alike, and neither are the solutions. As a dedicated drug possession lawyer in Sacramento, we offer a full suite of services that address every aspect of your case, whether it involves a first-time arrest, prescription misunderstanding, or allegations of intent to sell.
Our service offerings are intentionally broad to address all scenarios common in Sacramento drug possession cases:
Evaluating the strength of the evidence and law enforcement procedures
Identifying opportunities for diversion or alternative sentencing under local programs
Negotiating with prosecutors for charge reductions or dismissals
Handling first-time and repeat offenses, including those involving enhancements or aggravating factors
Offering guidance through the nuances of Sacramento’s pretrial and post-conviction processes
What should I do if I am charged with drug possession in Sacramento?
Contact an experienced drug possession attorney in Sacramento promptly. Early representation ensures your rights are protected and gives you the best opportunity to pursue dismissal, diversion, or another favorable outcome.
Can I qualify for a diversion program or Drug Court?
Sacramento County offers several diversion programs and Drug Court for eligible individuals, particularly those facing first-time, non-violent possession charges. Your eligibility will depend on details of your case and your prior record, so it’s important to speak with a legal professional.
Will a drug possession charge show on my record?
Unless your case is dismissed or you complete a diversion program that results in dismissal, a conviction for drug possession typically appears on your criminal record. However, the Sacramento courts offer options that may help you avoid a permanent mark in some cases.
How do local police and courts handle drug possession differently?
Sacramento’s law enforcement and court systems may offer specific diversion opportunities and resolutions that differ from other California counties. Local protocols can affect decisions around evidence, sentencing, and program eligibility.
Do I need to appear in court if I hire an attorney?
In many cases, a drug possession lawyer in Sacramento can appear on your behalf for some hearings. However, certain court appearances do require your presence. Your attorney will clarify court requirements and help put you at ease about what to expect.
Matthew is a great lawyer who understands his client's needs. Took me on when everyone was trying to bring me down. Did not give embellished ideas. Was straight, honest and concise. You can not go wrong Matthew. Thank you sir if I could give you a hundred stars I would.
David M.
“I highly recommend attorney Mathew Martinez.”
I highly recommend attorney Mathew Martinez. He did everything he could to successfully represent me in court, and consequently, I was able to walk charge free due to Mr. Martinez's persistence. He is incredibly professional and dedicated, and as such, I highly recommend attorney Mathew Martinez.
Azul A.
“Matthew and his team are absolutely the way to go period.”
“I myself have worked in legal services for over a decade with my own profession licenses and I rarely if ever come across an individual with his level of caring, attention to detail, and expertise.”
Jeffrey H.
“Highly recommend.”
“His experience as a DA puts him ahead of all others. He is a good honest attorney that can be trusted.”
Dawn S.
“Honest, hardworking and responsive.”
I would recommend Matt to anyone without hesitation. He went above and beyond to help me in a time of need, ease my nerves about the process and work professionally.
