Known as Ecstasy, X, or E, MDMA is a synthetic psychoactive drug that is both a stimulant amphetamine and hallucinogen that is deemed highly dangerous and illegal to use or even possess in California. If you or someone you care about is facing criminal charges regarding the drug MDMA, you are entitled to have a knowledgeable attorney on your side to provide the legal guidance and representation you need to avoid the serious repercussions of a drug crime conviction.
At the Law Offices of David A. Stein our criminal defense lawyers have the experience and resources necessary to protect our clients’ constitutional rights when it comes to drug charges. We will work closely with you to ensure that you understand the charges against you as well as the progress of your case from beginning to end. Contact us by calling (949) 445-0040 or submit an online contact form. Your initial consultation with us is free, confidential, and comprehensive.
What are the Consequences of MDMA Crimes in California?
As a Schedule I controlled substance, drug crimes involving ecstasy or MDMA may be charged as a misdemeanor or a felony, depending on the amount of ecstasy and its intended use. For example, possession of even a small amount of MDMA for personal use can result in a one year sentence in a California state prison, but possession of MDMA for sale can lead to a maximum of four years in state prison.
Whether you have been charged with possession, manufacturing, trafficking, or distributing MGMA, the penalties can dramatically impact your rights, freedom, and future. A misdemeanor or a felony on your criminal record can interfere with your ability to find a job, maintain custody of your children, or qualify for loans. With an aggressive attorney on your side who is also well-versed in California’s drug crime laws, it is possible for you to avoid a prison sentence altogether and keep your record clean.
What is a Diversion Program?
In many cases, especially for those facing first-time non-violent ecstasy possession charges, it is possible to plead guilty or no contest in order to be admitted to mandatory drug abuse treatment program. After successfully completing the program, the individual must remain drug-free and out of trouble for a set period of time in order to have the case dismissed.
However, violating the terms of the drug diversion program will result in returning to court to potentially face the full penalties of the alleged crime. Speak with a knowledgeable lawyer to determine whether you qualify for a drug diversion program.
Legal Defenses against Ecstasy Possession Charges
A knowledgeable attorney may employ any of the following defenses in court to defend your MDMA-related drug crime:
- Constructive Possession: If more than one person had access to the MDMA, the burden of proof will fall on the prosecutor to demonstrate that the accused knew of the MDMA’s presence and had control of the illegal substance.
- Lack of Knowledge: It is possible for an individual to simply not know that he or she is in possession of a legal substance; whether due to lack of knowledge about the illegal nature of the substance or that he or she was in possession of MDMA to begin with.
- Overdose Defense: In the case of an overdose of MDMA, the person is considered immune to prosecution as long as it can be proven that he or she was in need of medical attention at the time of using the substance.
- Illegal Search and Seizure: When law enforcement violates the scope of their authority when it comes to investigating an alleged suspect’s vehicle, home, or body, the court may suppress the resulting evidence because it was illegally obtained.
- Prescription Defense: In very rare instances, it is possible that an individual may be found in possession of MDMA as a valid prescription drug. When speaking with your attorney and your attorney only, be completely forthright and honest about the details surrounding your case. Only then can he or she formulate a legal defense that’ll be most effective for you.
Call the Law Offices of David A. Stein
No matter how minor or severe the charges against you, it is important for you to protect and exercise your right to have an accomplished legal advocate at your side. The OC drug crime defense lawyers at the Law Offices of David A. Stein have years of experience protecting clients against ecstasy possession charges in Orange County. Let us fight on your behalf to protect your rights and future.