Los Angeles Drug Crime Defense Lawyers

Drug Offenses

Recent FBI reports indicate that Nationwide, drugs and drug-related offenses account for approximately one-third of all arrests. California has led the Nation in arrests for simple possession of a controlled substance (illegal drugs). And, according to the California Department of Corrections, about 20,000 of the state's 160,000 prisoners are confined for drug offenses, such as being under the influence of a controlled substance and possession or sales of cocaine or methamphetamine.

A Los Angeles drug offense refers to the possession, use, sale or furnishing of any drug or intoxicating substance or drug paraphernalia, that is prohibited by law. Most drug offenses in the State of California are now felonies. And it is still a misdemeanor to possess less than an ounce of marijuana, 11357 (b) of the Health & Safety Code. However, possession for even the smallest amount of cocaine is a felony. And currently, there are more than 100 different types of anabolic steroids that have been developed, and each requires a prescription to be used legally in the United States. Some of the more common California violations are found at: Penal Code section 647(f) public intoxication of drugs or alcohol; the Health & Safety Code sections for possession and sale of drugs, 11350, 11351, 11352, 11357, 11358, 11359, 11360 and section 11550 under the influence of a controlled substance; and Business & Professions Code sections, 4060 prescription drugs and 25658 sale or furnishing of alcohol to a minor.

You will find an easy to use site to look up a law in any of the 29 California Codes and the California Constitution, as well links to other state and federal sites, at: http://www.leginfo.ca.gov/calaw.html

The penalties for drug crimes in Los Angeles County can be very severe. The charges are based upon quantity, intent to sell or distribute and other factors such as weapons possession or use, evidence of sales activity, having large amounts of money, etc. The seriousness and ultimate punishment for drug crimes normally depends upon the quantity of the drug, the classification under the drug schedule, and the purpose of the possession (for personal use or for sale).

Fortunately, the recent passage of California's Proposition 215 - which legalized medical marijuana and Proposition 36 - a ballot initiative that sends drug offenders to treatment instead of prison - has great potential for treating abusers of drugs rather than simply sending them to jail. Prop. 36 is not available for Individuals accused of sale or manufacture of drugs, or charged with a violent offense or if there was a prior conviction for a violent crime, with possible exception of some domestic violence cases. Proposition 36 sentencing consists of probation and drug treatment, and it specifically states that a defendant shall not be required to spend time in jail as a condition of probation. It also authorizes dismissal of charges when treatment is completed.

Proposition 36 provides for the right of a person convicted of a nonviolent drug offense to receive probation and drug treatment. Any defendant previously "convicted" of one or more serious felonies is excluded (such as robbery, the offenses are listed under Sections 667.5 or 1192.7 of the Penal Code). However, if the person has a "Sustained Juvenile Petition" (which is similar to an adult "conviction'), Welfare and Institutions Code Section 203 states that "an order adjudging a minor to be a ward of the juvenile court shall not be deemed a conviction of a crime…nor shall a proceeding in the juvenile court be deemed a criminal proceeding." Since, Prop. 36 expressly requires a defendant be "convicted" of a serious felony to be excluded, and the Welfare and Institutions Code explicitly prohibits a juvenile court disposition from being deemed a conviction; then a person with a prior juvenile record may qualify for Proposition 36. However, a recent Appellate Court decision eliminates Prop. 36 for individuals convicted of DUI in the same proceeding!

In many counties in California, there has been a relatively recent addition of "Drug Court" which is a special court given the responsibility of close supervision of select felony and misdemeanor cases involving non-violent drug-using offenders. However, participation is precluded for any offender who has been charged with a violent offense or who has a prior conviction for a violent crime, except some minor domestic abuse cases and usually excludes offenders charged with sales of drugs, possession for sale of drugs, or other serious offenses.

Diversion, which is another alternative, requires the accused to enter a plea of guilty to the charge, but the accused is NOT sentenced (the case is not final until the defendant is sentenced). The accused must then go through the drug diversion program, which is a series of classes. Drug testing is done randomly and a "dirty" or positive test can create new legal problems. Should the defendant violate the terms of the diversion, the court may go ahead and sentence the defendant as the defendant has already entered a plea and can be sentenced on that plea. Diversion is for first time offenders. And successful completion of the program will mean there will be no conviction on your record!

If you have been arrested for a drug offense then please call us immediately for a FREE CONSULTATION at (888) 579-4844

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Los Angeles Drug Crime Defense Lawyers

Drug Offenses

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