Drug Crimes

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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 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 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 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!

Overview

In recent years, certain drugs have emerged and become popular among teens and young adults at dance clubs and "raves." These drugs, collectively termed "club drugs," include MDMA / Ecstasy (methylenedioxymethamphetamine), Rohypnol (flunitrazepam), GHB (gamma hydroxybutyrate), and ketamine (ketamine hydrochloride). Producing both stimulant and psychedelic effects, MDMA is often used at parties because it enables party-goers to dance and remain active for long periods of time. This substance is usually ingested in tablet form, but can also be crushed and snorted, injected, or used in suppository form.

The tasteless and odorless depressants Rohypnol and GHB are often used in the commission of sexual assaults due to their ability to sedate and intoxicate unsuspecting victims. Rohypnol, a sedative / tranquilizer, is legally available for prescription in over 50 countries outside of the U.S. and is widely available in Mexico, Colombia, and Europe. Although usually taken orally in pill form, reports have shown that users are also grinding Rohypnol into a powder and snorting the drug.

GHB, available in an odorless, colorless liquid form or as a white powder material, is taken orally, frequently being combined with alcohol. In addition to being used to incapacitate individuals for the commission of sexual assault/rape, GHB is also sometimes used by body builders for its alleged anabolic effects.

The abuse of ketamine, a tranquilizer most often used on animals, became popular in the 1980s, when it was realized that large doses cause reactions similar to those associated with the use of PCP, such as dream-like states and hallucinations. The liquid form of ketamine can be injected, consumed in drinks, or added to smokable materials. The powder form can also be added to drinks, smoked, or dissolved and then injected. In certain areas, ketamine is being injected intramuscularly.

The penalties of a conviction for drug possession or sales are severe. However, frequently an accusation of drug possession is based upon an illegal search and seizure by the police. If proper Police Procedures were not followed or if your Criminal Law or Constitutional Rights were violated, your case could be dismissed. Don't simply plead guilty without seeing what a very experienced law firm can do for you.

Cases involving drugs give rise to many issues, and many possible defenses and ultimate results can vary greatly. At Takakjian, Sowers & Sitkoff LLP each of our partners is a former Deputy District Attorney. We have successfully handled cases ranging from misdemeanor drug possession and being under the influence of a controlled substance to the most serious felony drug possession for sales and transportation of narcotics offenses. We would be happy to discuss your case with you.

Please do not hesitate to contact us. We have nearby offices throughout California and our fees are reasonable. Our 24-hour telephone number is (888) 579-4844. The call is free and the initial consultation is free. We are very successful in defending our clients! Please call us today.

Web Links

Proposition 36, which was approved by voters in the November 7, 2000, election, promises to substantially change the way drug offenders are treated by the courts. The initiative, which went into effect on July 1, 2001, generally prescribes treatment rather than incarceration for non-violent drug offenses. http://www.courtinfo.ca.gov/programs/collab/prop36.htm

AA Meetings
http://www.recovery.org/aa/

California Codes - An easy to use site to look up all 29 California Codes and the Constitution as well as a listing of other state and federal sites. http://www.leginfo.ca.gov/calaw.html

California Department of Justice "Stop Drugs - Prevention" http://www.stopdrugs.org/prevention.html

Cocaine Anonymous
http://www.ca.org/ - A California company that enables alcohol and drug users to participate in group therapy over the internet. http://www.egetgoing.com

DrugHelp is a private, non-profit information and referral network providing information on specific drugs and treatment options, and referrals to public and private treatment programs, self-help groups, family support groups and crisis centers throughout the United States. http://www.drughelp.org

FreeAdvice - Easy to understand legal info in over 100 topics. Voted "extremely useful" consumer legal Web site by USA Today. http://www.freeadvice.com

How Marijuana Works
Marijuana is the most-used illicit drug in the United States. Learn the facts about marijuana and how it affects the mind and body.
http://science.howstuffworks.com/marijuana.htm

The Indiana Prevention Resource Center on-line dictionary contains more than 3,800 street drug slang terms. http://www.drugs.indiana.edu/slang/home.html

Support Path - links to 1000's of Internet resources for support related groups, organizations and information on over 300 health, personal and relationship topics. http://www.support-group.com

Substance Abuse and Mental Health Services Administration, Tips for Teens: The Truth About Club Drugs http://ncadi.samhsa.gov/govpubs/phd852i/

Yahoo! Directory Substance Abuse
http://dir.yahoo.com/Health/Diseases_and_Conditions/Substance_Abuse/

Some Common Signs That Your Child is Using Drugs http://www.teenchallenge.com/main/guide/cmnsigns.htm When children start using drugs and alcohol they usually exhibit many different signs which parents need to watch out for. How can you as a parent know for sure whether or not your child is in danger of falling into drugs?

National Institute on Drug Abuse - Information on Common Drugs of Abuse http://www.nida.nih.gov/DrugAbuse.html

Frequently Asked Questions

The following FAQ's were collected from websites of the Superior Courts throughout the state of California:

1. What is Drug Court?
2. Who pays for Drug Court and what does it cost?
3. Why do we need a Drug Court?
4. Are Violent and/or Serious Offenders Eligible for Drug Court?
5. What is the Treatment Program?
6. What does Treatment include?
7. What happens at graduation from Drug Court?

Frequently Asked Questions

1. What is Drug Court?

A Drug Court is a special court given the responsibility of select felony and misdemeanor cases involving non-violent drug-using offenders. The program includes frequent random drug testing, judicial and probation supervision, drug treatment counseling, educational and vocational opportunities, and the use of sanctions and incentives.

The Judge is actively involved in supervising drug court offenders; rather than defendant's being placed unsupervised, in a probationary or diversionary program for drug treatment.

After the successful completion of the criminal drug court program, which is a minimum of 12 months, the drug charge is dismissed.

2. Who pays for Drug Court and what does it cost?

Depending on the treatment provider, the participant may pay a minimal fee each week to the provider to aid in the therapeutic aspect as well as to help off-set costs. Efforts are being made to standardize this fee.

3. Why Do We Need Drug Court?

The connection between drug addiction and crime is supported by numerous statistics. 60-85 percent of all crimes at the state and local level are drug-related, committed by individuals who test positive for drug use at the time of arrest.

The cycle of drug use and criminality cannot be broken under the current revolving door system, where those arrested for drugs are continually going in and out of the criminal justice system, unexposed to treatment. This system is extremely expensive for the taxpayer and does not work since recidivism is quite high on these kinds of cases.

4. Are Violent and/or Serious Offenders Eligible for Drug Court?

The answer is "No". Almost all Drug Courts exclude offenders charged with sales of drugs, possession for sale of drugs, or other serious offenses.

Funding under the Crime Bill excludes participation by any offender that has been charged with a violent offense or who has a prior conviction for a violent crime, except domestic violence.

Drug Courts are tougher on offenders; it is hard work getting and staying clean and sober.

5. What is the Treatment Program?

The courts and their treatment providers provide drug intervention programs designed to provide an early opportunity for treatment and a cost effective alternative to traditional criminal case processing. The criteria for program participation has been established cooperatively by the Court, the Public Defender's office, the District Attorney's Office, the City Attorney's Office, the Probation Department and local law enforcement officers.

Local law enforcement officers participate as Drug Court Liaison Officers and members of the Drug Court's Law Enforcement Advisory Board. They help supervise the program participants in the community.

6. What does Treatment include?

Treatment services include:

a. Group therapy
b. Individual therapy
c. Case Management - Health
d. Job training and Employment assistance
e. Urine Drug testing-on-site (quantitative and immediate results)
f. Education
g. Placement in residential treatment facilities

Clients are responsible for their development and participation in the treatment process. Regular status hearings are held with the Judge, and the Drug Court Team. Status hearings offer the client encouragement for continuing growth. Sanctions are imposed for relapses, use incidents, failure to attend, or if the client regresses.

Clients successfully completing the program will have broken the addiction cycle, maintained employment, and become active, productive members of society.
Chemical Dependency is treated as a primary, chronic, lifelong disease. Group therapy, education, individual counseling, and a community-based approach are the basic tools offered for behavioral changes. AA/NA involvement is stressed as the fundamental tool of lifelong recovery.

7. What happens at graduation from Drug Court?

A defendant who successfully completes the Drug Court Program will have his or her criminal case dismissed. Graduation is a recognition of the participants' accomplishments. Post graduation activities include an alumni association, aftercare plans and mentoring projects.

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The Drug Crime, Drug Charge, Drug Offense, Drugs, posession, possession for sale, controlled substance, Marijuana possession, drug possession, Cocaine, Methamphetamine, LSD, criminal defense, or other legal defense information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer or attorney client relationship. Our law firm encourages you to seek independent counsel for legal advice regarding your individual criminal defense felony or misdemeanor legal issues including drug crimes, drug offenses and federal drug crimes. Any results portrayed here were dependent on the facts of that case and the results will differ if based on different facts. Please contact our Law Firm for a Lawyer and Criminal Defense Attorney at one of our nearby Southern California Law Firm Offices in: Los Angeles, Orange, San Bernardino, Santa Barbara and Ventura counties. Serving the communities of: Los Angeles County, California, Los Angeles Criminal Defense Attorney, Agoura, Alhambra, Bellflower, Beverly Hills, Burbank, Calabasas, Century City, Chatsworth, Compton, Culver City, Diamond Bar, Downey, El Segundo, Encino, Glendale, Glendora, Hermosa Beach, Hidden Hills, Hollywood, Huntington Park, Inglewood, Los Angeles Lawyer, La Canada, Long Beach, Los Angeles Attorney, Malibu, Manhattan Beach, Marina Del Rey, Norwalk, Palos Verdes, Pasadena, Pomona, Rancho Palos Verdes, Redondo Beach, Rolling Hills, San Dimas, San Fernando, San Marino, San Pedro, Santa Clarita, Sierra Madre, Santa Monica, South Gate, South Pasadena, Sylmar, Torrance, Universal City, Valencia, Van Nuys, West Covina, West Hollywood, Walnut, Westchester, West Hollywood, Westlake Village, Whittier, Woodland Hills, California, Orange County Criminal Defense Attorney and lawyer for Orange County Lawyer, Anaheim, Anaheim Hills, Buena Park, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine Attorney, Laguna Beach, Laguna Hills, Laguna Niguel, La Habra, La Palma, Mission Viejo, Newport Beach, Orange, Orange County Lawyer, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Tustin, Villa Park, Westminster, Yorba Linda, California, Criminal Defense Attorney and dui defense lawyer for Ventura County, California, Camarillo, Moorpark, Oxnard, San Buenaventura, Simi Valley, Thousand Oaks, Ventura Criminal Attorney, Westlake Village, Criminal Defense Attorney and Dui lawyer San Bernardino County, California, Ontario, Rancho Cucamonga, Upland, Santa Barbara County, Santa Barbara. The attorney responsible for the content of this website is Don Sowers. Any reference obtained from this site to a specific service, product or process does not constitute or imply an endorsement by the firm of the service, product or process or its producer or provider. This web site is not intended to solicit clients for matters outside of the state of California.