Fighting a drug-related crime is a complex series of events that requires the skilled guidance of an experienced criminal defense attorney. InLos Angeles, the possession, use or transport of drugs or controlled substances without a prescription is illegal and can vary from a misdemeanor offense to a felony. Common Los Angeles drug crimes include possession of drugs for personal use, possession of drugs for sale, trafficking (transporting, buying and selling), distribution of drugs, cultivating or manufacturing drugs or conspiracy to any of the above.
Possession charges can be especially tricky to deal with as you don't have to have illegal substance on you at the time of your arrest, but if drugs are found in your car, house, or purse you can still be convicted. A good criminal defense attorney will closely scrutinize the details of your case to see if any of the evidence against you was illegally obtained. One of your constitutional rights is to be free of illegal search and seizures. Law enforcement officials have a series of requirements that they must meet in obtaining evidence against any suspected criminal. If any of these requirements was not met in your case, then the evidence may not be used against you in a court of law. Your attorney must challenge the legality of the evidence in court. An experienced and knowledgeable attorney will know when and if this applies in your case. Penalties for drug-related offenses vary greatly depending on the severity of the crime. For the most serious crimes, county or state prison is a frequent penalty. InCalifornia, drug counseling is often deemed more effective than prison time. For first and sometimes second time, non-violent offenders,Californiahas made drug counseling available through Proposition 36. For more information about Proposition 36, click HERE.
Deferred Entry of Judgement, or Diversion, allows a defendant to plead guilty of charges, but not be convicted. Instead, the defendant is required to take drug education classes and avoid further arrests or convictions for a period of time. After 18 months, the case is dismissed and the felony comes off the defendant's record. The third penalty for drug-related crimes is known as Drug Court, in which a defendant is ordered to undergo treatments for drug use and is gradually given back more freedoms and privileges as he or she completes levels of the program, which may include jail time in some cases. After the defendant completes all the required treatments, the case is dismissed. If you have been charged with a drug-related crime, having an experienced defense attorney is absolutely essential to your future. Call Rodriguez, Lewis & Kahn immediately to begin preparing your defense.
