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CALIFORNIA DRUG CRIMES
Drug Abuse
•
Substance Abuse •
Cannabis
• Drug Use
Controlled Substance
Los Angeles Criminal Defense Attorney
California Criminal Defense Attorney
Drug Possession & Drug Sales
are Illegal
| In California, crimes involving illegal
drugs or controlled substances
can be any of the following: |
The
Most Common Types of Illegal Drugs/Controlled
Substances
(In California, controlled substances are
narcotics, stimulants, opiates, depressants,
hallucinogens, and anabolic steroids. It’s
illegal to possess them without a prescription.) |
- Barbiturates
- Cannabis (Marijuana)
- Cocaine
- Crack Cocaine
- Ecstasy (MDMA)
- Hashish (and Hashish Oil)
- Heroin
- Prescription painkillers or stimulants
without a prescription
|
- LSD
- Mescaline
- Meth/Methadone
- Morphine
- Opium
- PCP
- Steroids
|
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California Drug Crimes
Under California Law, there are four main types of drug
charges:
| DRUG POSSESSION |
For most controlled substances, possession
for personal use is a felony. Misdemeanor
charges include marijuana (cannabis) possession,
being under the influence of a drug,
and possession of drug-related items called paraphernalia
(pipes, bongs, etc.).
To be convicted, the prosecution must
prove that you knew about and controlled
the drug in question. Even if you didn’t
have drugs on you when you were arrested, you
can be convicted if drugs were found in your
car, house, or purse. |
DRUG POSSESSION FOR SALE |
It is a felony
to possess or buy illegal drugs that you intend
to sell. The prosecution doesn’t
have to prove that you sold them—just
that you intended to sell them.
Money need not change hands to be convicted
of drug possession for sale.
Intent to
sell can be proven by evidence
such as drug packaging (small bundles), weighing
scales, cutting agents, people coming to/going from
your home at all hours, fortified windows, conversations
with police informants, undercover officers, or
wiretapped telephone (cell, portable or landline)
conversations.
|
DRUG TRAFFICKING |
| California drug traffic laws
prohibit the transporting,
importing and selling/distribution
of controlled substances. Transporting, importing, or
selling drugs is a felony, unless you’re arrested
with less than 28.5 grams of marijuana (cannabis)
and the marijuana is for your own personal use
then it is a misdemeanor. You can also
be charged and convicted of trafficking if you aided,
abetted, and conspired
with anyone to sell or purchase
illegal drugs. |
MANUFACTURING DRUGS
|
In California, it is a
felony to:
•
Plant, cultivate (grow, care for) or harvest
marijuana
• Manufacture illegal drugs
(such as methamphetamine or rock cocaine)
or possess the chemicals necessary to manufacture
illegal drugs. |
Drug Crime Penalties
Drug offense penalties can be very serious. You could
end up in county jail or state
prison. Your car or anything else linked to the
drug crime could be taken away (Forfeiture Proceedings).
You could lose your driver’s license, have to pay
a fine, and/or be required to register as a narcotics
offender.
How the crime is charged and punished depends
on the type and quantity of the drugs involved, whether
the drugs were for personal use or for
sale, and if the defendant has a criminal
record, especially prior drug convictions. (If you are facing
a second offense for sales of narcotics
you are looking at a minimum 3 year enhancement
for the prior sales conviction which is added to the time/sentence
on your current drug charge.)
• For example, a first-time
offender selling 100 grams to 5 kilograms of heroin
has a mandatory minimum sentence of five years.
• Manufacturing, producing,
or preparing methamphetamine has a maximum
sentence of seven years and fines up to
$50,000.
For most drug crimes
charged as FELONIES,
there are three components to sentencing: |
- A Base Term (for example, the base term for selling
cannabis is 2-4 years)
- Conduct Enhancements (selling cannabis to children
under 21, selling drugs near a school, causing children
under 18 to violate drug laws)
- Status Enhancements (prior convictions, crime
committed while out on bail)
All three are considered together to
determine the length of the sentence and other penalties.
California’s “Three Strikes
Law” can result in a much longer sentence if
the defendant has at least one prior conviction for
a serious felony. |
Drug Crime Defenses
The most powerful defense for a drug bust
or drug crime is the evidence and how
it was obtained. Law enforcement gathers most evidence
through “search and seizure.”
You have a constitutional right to be free from illegal
searches and seizures. Therefore, any illegally
obtained evidence can’t be used to convict you.
This is not automatic. An experienced criminal defense
lawyer must challenge in court the way the evidence
was obtained. This is a very technical part of criminal
law and it is treacherous for the inexperienced criminal
defense lawyer. If the challenge is successful then the
evidence is “suppressed” and
the case may be dismissed.
Sentencing Alternatives
In California, drug treatment is considered more appropriate
than jail time for non-violent individuals with drug abuse
problems. Depending on your situation, you may be eligible
for one of three alternatives:
Proposition 36: Under California’s
Substance Abuse and Crime Prevention Act, first and second
time non-violent “simple drug possession”
offenders can receive substance abuse treatment instead
of jail time. This includes one year of outpatient, halfway
house, narcotic replacement therapy, education classes
and/or limited inpatient treatment, plus six months of
“aftercare” treatment.
Deferred Entry of Judgment (also
known as DEJ or Diversion): The defendant pleads
guilty, but is not convicted. Instead, the case is put
on hold for 18 months while the defendant must take a
6-months drug education classes and avoid an arrest or
conviction of another crime. The case is dismissed after
18 months. The felony is completely wiped away.
Drug Court: This involves
a “supervision-and-treatment”
program typically separated into phases that offer the
defendant more freedoms as he/she completes each one.
In rare cases, jail time is required. Once the defendant
completes the program, the case is dismissed.
An Experienced Criminal
Defense Lawyer is Critical for your Drug Case
Drug cases and penalties are tricky, so it’s very
important to hire a skilled drug crimes attorney. Only an
experienced lawyer will understand the facts of your case,
including the evidence being used against you, and can prepare
the best defense.
The Los Angeles Criminal Defense Lawyers
at Stephen G Rodriguez & Associates have successfully
defended many clients in drug matters, often helping them
avoid a conviction entirely. We have assisted many clients
with alternative sentencing such as Electronic Monitoring
and House Arrest. See www.avoid-jail.com
If you’re facing a drug charge,
call Stephen G. Rodriguez for a FREE CONSULTATION
right away.
Law
Offices of Stephen G. Rodriguez
633 West 5th Street
26th Floor
Los Angeles, California 90071
Telephone
(213) 223-2173
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