San Jose Drug Crime Defense Attorney
California Ecstasy Charges
MDMA (methylenedioxymethamphetamine) known on the streets as “ecstasy,” is a synthetic, psychoactive controlled substance that is considered to be a stimulant. Ecstasy is classified as a Schedule I controlled substance, and as such people convicted of ecstasy-related drug charges will be punished very harshly if convicted. If you have been charged with possessing, manufacturing, trafficking, or distributing ecstasy in San Jose you should speak with an attorney immediately. With the help of a skilled and experienced San Jose drug crime defense lawyer, your ecstasy charges could be reduced or dismissed altogether, which are both good alternatives to being given a full sentence.
San Jose Ecstasy Defense Lawyer
If a person is found to be in possession of ecstasy for personal use, and the amount they possess does not point to intent to distribute or sell, they could face a maximum of 1 year in a California state prison. In some cases, the prosecuting attorney is legally required to refer the case to Diversion, which is an alternative to normal drug crime sentences. When a person is eligible for Diversion, they are able to enter a conditional plea of guilty at which point they will complete a diversion program, which is similar to a drug education course. Once the program has been completed, the guilty plea will be set aside, meaning that the incident will not go on the person’s criminal record. In order to qualify for the Diversion program, the defendant must meet the following criteria:
- The defendant has no conviction for any offense involving controlled substances prior to the alleged commission of the charged offense.
- The offense charged did not involve a crime of violence or the threat of violence.
- There is no evidence of a violation relating to narcotics or other restricted dangerous drugs.
- The defendant's record does not indicate that probation or parole has ever been revoked without thereafter being completed.
- The defendant's record does not indicate that he or she has successfully completed or been terminated from diversion or deferred entry of judgment pursuant to this chapter within five years prior to the alleged commission of the charged offense.
- The defendant has no prior felony conviction within five years prior to the alleged commission of the charged offense.
For help with ecstasy charges, contact a San Jose Drug Crime Defense Attorney today!