Most criminal charges can impact your life and livelihood, but drug convictions are especially burdensome. Often, drug cases are brought against a young student or person just starting out in the world. Your criminal record will follow you for life. It is important to have an experienced defense attorney in order to minimize the charges and their impact. Our attorneys have had much success in having charges reduced or dropped. We will also fight for any applicable diversion programs that will keep your record clean.

We offer affordable rates, will work with you on price and payment, and have possible discounts available for students. Contact us today for a free consultation.

Drug Offenses Defined

Drug Possession
Possessing drugs, even if for personal use, is a felony for most controlled substances. Marijuana possession (for personal use) is the exception, as it is a misdemeanor. Being under the influence and possessing drug paraphernalia (bongs, pipes, etc.) are both misdemeanors.

Courts have held that even if the drugs weren’t found on your person, you can be convicted if drugs were found in your home, automobile, purse, or backpack.

Drug Possession For Sale
It is a felony to possess drugs that you intend to sell. A prosecutor doesn’t have to prove that you sold them. He/she only has to prove that you had intent to sell. There is no requirement for money to be exchanged. A prosecutor can demonstrate intent to sell by presenting evidence of possession of weighing scales, individually packaged drugs, cutting agents, conversations with police informants or undercover cops, or through a wiretap.

Drug Trafficking
California law prohibits the transporting, importing and selling/distribution of controlled substances. Offenders are charged with a felony unless they possessed less than 28.5 grams of marijuana for their own personal use: then they would be charged with a misdemeanor. Trafficking also can consist of aiding, abetting, and conspiring with others to sell or purchase controlled substances.

Growing Marijuana
It is illegal to grow marijuana. Under federal law, it is a felony. The punishment varies according to the weight of the amount grown, and with fines up to $4,000,000. In addition, prison time can range from 5 to 40 years. Penalties are increased if marijuana is grown within 1,000 feet of a school.

Under California law, it is generally a felony to grow marijuana, unless it is for medicinal purposes. However, even if California allows it, you can still be prosecuted by the federal government. The prison sentence varies depending on the amount grown.

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Penalties

Penalties for drug crimes almost always include jail or prison time. Cars, houses, and any other material property linked to the crime can be taken away through forfeiture proceedings. Other penalties include fines, the loss of one's driver’s license, and being forced to register as a narcotics offender.

The charging and penalty decisions are based on the type and quantity of the drugs involved, whether the drugs were for personal use or for sale, and if the defendant has any priors, especially prior drug convictions. There is a mandatory three year sentence enhancement for those convicted of a second drug offense.

Sentences for drug crimes consist of three parts:

1. The base term
2. Any conduct enhancements (such as selling near schools)
3. Status enhancements (such as prior convictions)

These three factors combine to inform the sentence and other penalties. The Three Strikes Law can result in a much longer sentence if the defendant has a prior serious felony conviction.

Alternatives to Imprisonment
A lot of progress has been made in California in treating drug users with drug abuse problems instead of jailing them. There are currently three such diversion programs:

1. Proposition 36: The Substance Abuse and Crime Prevention Act provides that first and second time non-violent drug possessors can substitute treatment for jail time, including one year of outpatient treatment, halfway houses, narcotic replacement therapy, education classes and/or limited inpatient treatment, plus six months of “aftercare” treatment.
2. Deferred Entry of Judgment (also known as DEJ or Diversion): In this program, the defendant agrees to plead guilty, but the case is put on hold for 18 months. The defendant must undergo six months of drug education classes and avoid an arrest or conviction for any other crime during the 18 months. If he/she succeeds, the felony is wiped away.
3. Drug Court: Adult drug courts provide access to treatment while minimizing incarceration. Only on occasion is jail time required. They combine supervision of the offender with treatment, and treatment usually consists of an initial intensive period followed by up to a year of continuing care.

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Drug Crime Defenses

Often times, the court must suppress evidence due to an illegal search or seizure. The law in this area is incredibly complex, and requires years of experience to fully understand all of the exceptions and reasons why evidence is suppressed. If a convincing case can be made that evidence was collected illegally, the charges against a defendant are usually dropped.

Mr. Liu has extensive knowledge in dealing with illegal search and seizures, and knows what to look for in making an argument to have evidence suppressed. Give us a call for a free consultation to discuss your case.

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