Los Angeles Drug Crime Attorney
Criminal Defense for Drug-Related Offenses
In California, drug crimes are some of the most widely prosecuted crimes
on both the state and
federal level. Stephen G. Rodriguez & Partners aggressively defends individuals
charged with possession, transportation, manufacturing, sales and being
under the influence of drugs. Drug charges are serious, are usually prosecuted
as felonies and come with a potential state prison commitment.
If you or someone you know has been arrested, charged or is being investigated
for a drug crime, do not hesitate to call our offices for a
California Drug Law
California has some of the most complex illegal drug and controlled substance
laws in the country. A person can be charged for a variety of activities
related to illegal drugs:
- Possession (for personal use or sale)
- Sales (including giving drugs to someone)
- Transportation (or trafficking)
- Cultivating or manufacturing
- Attempt to possess, sell, manufacture or transport drugs
- Being under the influence of drugs.
"Controlled substances" include illegal drugs like crack or powder
cocaine, heroin, ecstasy and crystal meth. They also include use of prescription
drugs like painkillers, (OxyContin, Vicodin, Hydrocodone) or ADD drugs
(Adderall, Ritalin, Concerta).
How the crime is charged and punished depends on several factors, including
the type and quantity of the drugs involved, whether the drugs were for
personal use or for sale, and whether the defendant has a criminal record,
especially prior drug convictions.
These factors affect whether the drug crime will be charged as a misdemeanor or
felony, whether jail or prison is required, the length of incarceration, fine
amounts, eligibility for sentencing alternatives (deferred entry of judgment)
Possession of Drugs for Personal Use
California Health and Safety Code sections 11350 and 11377 make possession
of a controlled substance (e.g., cocaine, methamphetamine, heroin, opium,
opiates, LSD, PCP, hashish, Vicodin) a misdemeanor, unless you have a
legal written prescription. Possession of marijuana is usually charged
as a misdemeanor. Possession of
Marijuana (Health and Safety Code section 11357) is also charged as a felony unless
the possession was less than an ounce of marijuana—then the charge
is either a misdemeanor or an infraction.
Charges can also be filed for being under the influence of a controlled
substance, driving under the influence of a drug (DUI), being present
where a controlled substance is being used, and possessing paraphernalia
for injecting or smoking controlled substances. If you have been charged
with possession of a controlled substance for personal use as a felony,
you could be sentenced up to a year in county jail. Most people will be
eligible for alternative sentencing (Prop 36 or
drug diversion) and avoid jail completely.
Possession of Drugs for Sale
California law makes a distinction between drug possession for personal
use and possession for sale. California Health and Safety Code 11351,
11378 and 11351.5 make it a felony to possess drugs for the purpose of
selling them. The prosecution does not need to prove that you sold the
drugs, but only that you had the intent to sell them. Intent can be proven
with circumstantial evidence. Such as the quantity of drugs, the packaging
of the drugs, and possession of any scales.
For example, if law enforcement goes to your house and finds drugs in quantities
larger than would be normally expected for personal use, this could indicate
that there was intent to sell. Other indications of intent to sell drugs
may include packaging, scales, cutting agents, large amounts of cash,
multiple cell phones, and a fortified location (such as security bars
In Los Angeles, we have encountered many cases that are mistakenly charged
as possession for sale when the drugs were for personal use. Possession
for sale carries up to five years in state prison. A conviction for possession
of drugs for sale is a "priorable" offense, which means that
it will increase the penalties (usually by three years of state prison)
for a future drug sales conviction.
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, 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).
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.
Possible Defenses to Your Drug Charges
One of the most crucial defenses in drug cases centers on the initial arrest
and the seizure of the drugs. Was the search by law enforcement conducted
properly without violating your constitutional rights? Did law enforcement
have reasonable suspicion for the traffic stop, and if so, was there probable
cause for the search of the car or the person that resulted in the seizure
of the drugs?
Did law enforcement have the legal right to search your home or wiretap
your phones? Was the confidential informant (CI) a reliable source of
information? Illegal searches and seizures happen sometimes in drug cases
and any evidence that was illegally obtained generally cannot be used
in court. Suppression of the illegally obtained evidence often leads to
dismissal of the charges.
Los Angeles Drug Crime Defense Lawyers
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 simple possession, to sales
and manufacturing of drugs. The criminal justice system is stacked against
you. 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 for investigation, prosecution, and conviction
of drug sellers, manufacturers, distributors, and importers of cocaine,
methamphetamine, marijuana, ecstasy and heroin.
Now 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 for a free consultation to discuss your legal options.