California Crimes - Drug Cases

Criminal Defense Team specializes in Orange County Drugs (such as marijuana, cocaine, PCP, LSD, heroin, methamphetamine (or "meth"), ectasy (known as "X", "XTC" or "Xtacy", MDMA, Rohypnol (flunitrazepam), GHB (gamma hydroxybutyrate), and ketamine (ketamine hydrochloride)) cases, in addition if you need an Orange County Drug Lawyer, a Riverside drug attorney, a San Bernardino Drug attorney, a Los Angeles drug lawyer or a San Diego drug lawyer you should contact us.  Remember that under the three strikes law, mere possession of certain drugs can result in a 25 to life sentence.

The difference in consequences between possession charges as opposed to possession for sale charges can be quite major. Charges are generally 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).  Manufacturing of narcotics, such as methamphetamine labs run from one’s home, garage, warehouse, or other buildings, can also cause the district attorneys office to seek out additional charges such as child endangerment if at all related to a family home.

In general most drug offenses refer to simple possession, use, sale or furnishing of any drug, narcotic or drug paraphernalia, that prohibited by law. Many drug offenses in the State of California are felonies, although it is still a misdemeanor to possess less than an ounce of marijuana (see California Health and Safety Code section 11357 (b))  However, possession any amount of cocaine is a felony. The most common California Health and Safety Codes involved in drug cases are:

Possession:

    * Health and Safety Code Section 11357(a), the possession of any concentrated form of cannabis (hashish). This offense can be a felony or misdemeanor.
    * Health and Safety Code Section 11357(b), the possession of less than 28.5 grams of marijuana. Misdemeanor.
    * Health and Safety Code section 11364, the possession of paraphernalia which is a misdemeanor.
    * Health and Safety Code Section 11377, possession of more serious drugs such as methadone, PCP, LSD, Ketamine, codeine and Methamphetamine. Wobbler.

Under California’s P.C. 1000 program, Prop 36 and some other recently passed propositions, drug offenders who can establish that the drugs found in their possession was for personal use only can avoid jail.

P.C. 1000 allows first time drug offenders who have no prior criminal  record to plead guilty but, be permitted to attend a four month class that meets once a week, in lieu of serving jail time. Once they have successfully completed the class and a total of 18 months has passed without another criminal arrest or conviction, and all fees associated with your case have been paid, the original case can be dismissed by the court.

Prop 36 applies to defendant’s with new charges for drug possession or use offenses who don’t qualify for P.C. 1000. To qualify for Prop 36, defendant cannot be charged with sale or manufacture or any other non-drug crimes (even a DUI) at the same time. It is important to note that offenders can be excluded from consideration under Prop 36 if they have a prior conviction for a serious or violent felony (a "strike"), unless they have served their prison time and have been out of prison for five years with no felony convictions or misdemeanor convictions involving violence.  Thos already on probation can qualify for Prop 36 if the violation of probation allegation itself qualifies for Prop 36.

Manufacturing and Sales (Felonies):

    * Health and Safety Code Section 11351, possession for sale of opium or cocaine or any derivative.
    * Health and Safety Code Section 11355, sale or transportation of  opium or cocaine or their derivatives.
    * Health and Safety Code Section 11378, possession for sale of certain such as PCP, LSD, Ketamine and Methamphetamine.
    * Health and Safety Code Section 11379.6, manufacturing of drugs such as methadone, PCP, LSD, codeine, Ketamine and Methamphetamine.

Further information on all these statues and other sections dealing with drug crimes in California can be located at: http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=hsc&codebody=&hits=20.

You can also visit our site dedicated to defense of drug charges at www.drugcrimesdefenseoc.com/PracticeAreas.shtml

In order to prevail on “sale” or “manufacture” charges, prosecutors often rely on such subjective evidence as: Possession of large amounts of cash, specially  small bills; possession of multiple baggies; possession of scales; possession of multiple beepers/pagers/cellular phones; pay-owe sheets; or he location in which you were arrested. What’s important is that the defense attorney on the case be able to breakdown state’s case to show that either the search and seizure was not legal, the amount possessed was for personal use or the drugs seized did not belong to the defendant. An experienced drug sales attorney can make sure that your defense covers all these topics.

Although each case is different and requires an independent evaluation, Criminal Defense Teams attorneys have had a very good record in being able to get their clients charged with drug charges in Orange County, San Bernardino County, Riverside County, Los Angeles County and San Diego County into either P.C. 1000 or Prop 36 programs.  Please call (888) 529-2188 for a free consultation with a qualified criminal defense lawyer.

Attorneys of Criminal Defense Team have handled many drug related cases such as “possession of methamphetamine” "possession of cocaine for sale” “possession of marijuana for sale” “possession of ecstasy” cases in Orange County, Riverside County, San Bernardino County, Los Angeles County and San Diego county criminal courts.  Please call us at (888) 529-2188 for a free consultation with an experienced criminal defense attorney.