Drug Crime Attorney in Los Angeles, CA

Sales, Transportation & Furnishing of Drugs

California drug trafficking laws prohibit the transporting, importing (bringing drugs into California) or selling, furnishing, or giving away of controlled substances. This drug offense is usually prosecuted as a felony under California's Health and Safety Code sections 11352 or 11379.

This crime is punishable by up to five years in state prison. You can also be charged with trafficking if you aided, abetted or conspired with someone to traffic drugs. Trafficking charges are often filed as a result of a police sting operation, in which case an entrapment defense may be possible.

Manufacturing Drugs

Manufacturing, compounding, converting, producing, deriving, or preparing by chemical extraction or independently by chemical synthesis or preparing drugs is a felony in California and is punishable under Health and Safety Code section 11379.6 by up to seven years in state prison. Cultivating or Harvesting Marijuana is prosecuted as a felony under Health and Safety Code section 11358 and is punishable by up to three years in state prison.

Under the Influence of a Drug

Health and Safety Code section 11550 makes it a misdemeanor to use or be under the influence of a controlled substance except when administered by a person licensed to dispense, prescribe, or administer. Under this same section, it is also a misdemeanor to be unlawfully under the influence of a controlled substance while in immediate possession of a loaded operable firearm.

A subsequent conviction with a prior is prosecuted as a felony. Penalties for misdemeanor Health and Safety Code section 11550 is a minimum sentence of 90 days in county jail or up to one year in county jail. However, most offenders of this charge may qualify for Proposition 36 or DEJ (Deferred Entry of Judgment).

Sentencing Alternatives for California Drug Offenders

We are strong believers and advocates for alternative sentencing for drug offenders, including drug rehabilitation and treatment programs. In Los Angeles, depending on your circumstances you may be eligible for alternative sentencing such as Proposition 36 or Deferred Entry of Judgment (also known as DEJ or Diversion). We have found these programs to be an effective alternative to county jail or state prison.

• Proposition 36 – Prop 36 
  The Substance Abuse and Crime Prevention Act, also known as "Prop 36," allows individuals charged with first or second time non-violent, simple drug possession offenses to get substance abuse treatment as an alternative to incarceration. A Proposition 36 sentence requires treatment for up to one year, with an additional six months of aftercare treatment.
• Deferred Entry of Judgment - DEJ 
  For a Deferred Entry of Judgment, the defendant must enter a guilty plea, but he or she is not convicted. For 18 months, the case is put on hold while the defendant takes drug education classes and shows he or she can avoid being arrested or convicted of another crime. If the defendant succeeds, the charges are not entered on the defendant's criminal record and the charge is dismissed.
• Pretrial Diversion Programs - For first-time offenders facing drug-related charges, pretrial diversion programs provide an opportunity to avoid the formal criminal justice process and potential conviction by completing specified requirements, such as drug treatment or education programs. In exchange for their participation and successful completion of these programs, the charges against them are typically dismissed, and they may avoid the stigma and consequences associated with a criminal conviction.
• Drug Court - Drug Court is a specialized judicial system established to handle cases involving individuals charged with drug-related offenses. These courts operate differently from traditional criminal courts, focusing primarily on addressing the underlying substance abuse issues that may have led to the individual's involvement in criminal activity. Drug Courts aim to provide a more rehabilitative approach to justice, emphasizing treatment, supervision, and support rather than solely focusing on punishment.

Common Legal Defenses AGainst Drug Charges

A legal defense is a strategy used by individuals accused of a crime to counter the prosecution's case and avoid conviction. Legal defenses can vary depending on the circumstances of the case and the specific laws involved. These defenses are aimed at providing justifications, excuses, or explanations for the accused individual's actions, ultimately aiming to cast doubt on their guilt or reduce the severity of the charges.

Common legal defenses against drug charges include:

• Lack of Possession: Claiming that the accused did not actually possess the drugs in question. This defense might argue that the drugs were planted, belonged to someone else, or were unknowingly present.
• Illegal Search and Seizure: Asserting that law enforcement violated the accused's Fourth Amendment rights by conducting an unlawful search and seizure, leading to the discovery of the drugs. If evidence was obtained illegally, it may be suppressed in court.
• Entrapment: Arguing that the accused was induced or coerced by law enforcement into committing the drug-related offense that they would not have otherwise committed.
• Invalid Warrant or Arrest: Challenging the validity of the warrant used for the arrest or search, asserting that it was obtained improperly or lacked sufficient probable cause.
• Medical Necessity: In cases where the accused was using drugs for medical reasons, such as marijuana for pain relief, a defense of medical necessity may be raised.
• Mistake of Fact: Claiming that the accused was unaware of the presence of drugs or believed them to be something else entirely due to a mistake or misunderstanding.
• Duress or Coercion: Arguing that the accused was compelled to possess or distribute drugs under threat of harm to themselves or others.
• Insufficient Evidence: Asserting that the prosecution does not have enough evidence to prove the accused's guilt beyond a reasonable doubt.
• Violation of Miranda Rights: Contending that law enforcement failed to properly inform the accused of their Miranda rights, leading to statements or evidence being improperly obtained.
• Police Misconduct: Alleging misconduct or malpractice on the part of law enforcement officers involved in the investigation or arrest, which may include planting evidence, tampering with witnesses, or falsifying reports.

These are just a few examples of legal defenses that can be used against drug charges. The effectiveness of each defense depends on the specific circumstances of the case, the applicable laws, and the skill of the defense attorney in presenting the case in court.

Our Los Angeles Drug Crime Lawyers Can Protect You

If you or someone you know is facing drug charges, call us to discuss your legal situation. We have defended hundreds of clients in the Los Angeles area facing criminal charges ranging from possession to sales and manufacturing of drugs. The criminal justice system is stacked against you, but we can help.

One of our team attorneys, Kenneth J. Kahn, is a former Major Narcotics Los Angeles prosecutor who worked closely with Federal and State agencies such as the FBI, DEA, California Dept. of Justice, LAPD, and LA County Sherriff's Department. As part of the criminal defense team of Stephen G. Rodriguez & Partners, Mr. Kahn uses his experience to help our clients defend against their criminal drug charges. Let us put our 70 years plus of combined legal experience to work for you.

Call us at (213) 481-6811 for a free consultation to discuss your legal options.