Los Angeles Drug Crimes Attorney
Drug charges in CA encompass various offenses like Possession, Under the Influence, Transportation, Sales, and Cultivation of Controlled Substances. Controlled substances can range from Marijuana to Methamphetamines to prescription drugs.
With the recent decriminalization of most possession charges from Felonies to Misdemeanors through Prop 47, the instances of Sales or Transport cases – filed as Felonies – have increased. Simple Possession charges can usually be handled by moving the person into a Diversion Program like Prop. 36 or PC 1000.
It is a wise idea to hire a Los Angeles drug crime lawyer if you have been charged with DUI or drug possession. You could be facing serious charges with lengthy sentences and high fines, or your charges could be dropped or pleaded down with the help of an experienced Los Angeles drug crimes lawyer. A drug charges attorney informs you of your rights and options as you proceed.
What do I do if I have been stopped by the police?
Most people are arrested for drug-related offenses because a cop searched them and found drugs. Drug-related crimes are mostly beat by beating the circumstances of the Arrest. That is, by showing that the cop didn’t have reasonable suspicion or Probable Cause to detain, search or arrest you. It’s important that your Lawyer know the state of Search and Seizure law and keep current with the latest Fourth Amendment related decisions.
If you’re stopped for any reason by a cop and they ask if they can search you, say no. You have a right not to consent to a search. These rights have been hard-fought and well earned by lawyers fighting day in and day out to secure them. Don’t waste your rights by not asserting them.
Also, if you’re stopped for any reason by a cop, don’t talk to them. Either say nothing or say “I’d like to talk to a lawyer before I talk to you.” If you don’t talk to them, the cops can’t lie about what you told them.
Remember that you have the right to remain silent. The prosecutor is going to use everything in their power, including statements that you’ve made, to fight for the harshest consequences you could possibly face. When being arrested, you should provide the police with your name and identifying information, but you do not have to say anything else. You may say that you would like to speak to a lawyer.
Most Common Drug Crimes
According to Los Angeles County Sentinel Community Site (SCS) Drug Use Patterns and Trends in 2018, 8% of the population in Los Angeles County over the age of 12 had reported having had an illicit drug or alcohol use disorder. In 2010 the most frequently reported drugs that individuals were arrested for were marijuana/hashish followed by alcohol, methamphetamines, and then crack/cocaine in that order. Alcohol and cannabis are both the most popular drugs for abuse and are the most common drugs related to most arrests. However, one of the crucial differences between the past and the present is how violations involving cannabis are prosecuted and sentenced based on new laws.
Cannabis Use in Los Angeles
California recognizes its citizens’ constitutional right to possess and consume marijuana. With the passing of Proposition 64, the Adult Use Marijuana Act (AUMA) in 2016, adults in California age 21 or over with a valid, government-issued ID are allowed to possess up to 28.5 grams (g) of marijuana flower and up to 8 grams (g) of marijuana concentrate. Users of medical marijuana can purchase up to 8 ounces of cannabis daily. Also, adults can grow up to six living cannabis plants in their private residences. However, there are several restrictions on consumption.
It’s important that you understand where legal consumption of cannabis is allowed. You are able to consume legal cannabis in private residences or in accessory structures that are enclosed and secure from the public, such as on the back patio that is not within 1000 feet of a school, daycare, or youth center. You may not smoke outdoors at a private residence if your city or county prohibits it or at any public place where tobacco smoking is prohibited. These prohibitions extend to include edibles, vaporizers, and aerosols.
Something else that’s very important for California drivers to understand is that while recreational cannabis is legal, driving under the influence of it is still illegal. Driving under the influence of marijuana is deemed unlawful in the state of California and there are harsh penalties for marijuana DUIs that include fines, license suspension, or even a jail sentence. And just like DUIs for alcohol, the penalties increase with each DUI marijuana conviction. Legal cannabis users in California are encouraged to consume their cannabis responsibly at all times. Smoking inside of your vehicle could get you arrested, so wait until you can consume your legal cannabis safely.
It’s important in drug cases to conduct a Pitchess/Brady investigation into the cops honesty. Most cops involved in Drug Enforcement have complaints in their personnel file made by other people whose rights those cops have trampled. The Pitchess/Brady discovery is obtained by making a motion under the two cases to have the Judge review the cops personnel file for complaints by people who’ve previously alleged the cop planted evidence, falsified his report or abused his authority.
At a Motion to Suppress or Trial, these complainants can be used as witnesses to impeach the cops honesty and credibility.
“Three Strikes” Law
California has a sentencing scheme called the “three strikes program,” which means that if a defendant is charged with two felonies that involve serious or violent offenses, then the third violent or serious felony will result in a prison sentence of 25 years to life. The law is codified in Penal Code Section 667. It’s important to note that the two prior convictions could have been at any time. If a defendant has had two prior convictions for carjacking, for example, and 20 years go by before they are convicted of carjacking again, then that prior conviction, which has stayed on their record, can be found later on.
Why You Need A Los Angeles Drug Crimes Attorney
You need an attorney who is well-connected and has the resources to help you get beyond this extremely difficult period of your life. The Law Office of Edward J. Blum will take you step-by-step and present you the different options you have as well as an account of all the rights that you still have protected but are on the line. He is an attorney who is in your corner, communicates regularly, and understands that you want to get past this difficult period of your life. Call now to schedule your free consultation.
Every drug case is different. I’ve been successfully defending and developing strategies to successfully defend drug cases for over 17 years. I know what’s at stake for you, and I will use all my skills to make sure you beat the drug charges. Contact criminal defense attorney of The Law Office of Edward J. Blum today.