Drug Offenses - Actor Sizemore Arrested on Drug Warrant


June 1, 2009
By Stephen G. Rodriguez, Attorney at Law on June 1, 2009 5:17 AM |

Actor Tom Sizemore was arrested in Los Angeles late last week on an outstanding warrant related to a 2007 drug offense. The actor was apprehended with another man when L.A. police answered a domestic violence call. According to an unverified report on TMZ.com, the actor and his buddy were found in possession of narcotics. Sizemore was booked and released. The Saving Private Ryan and Heat actor received probation last May on seven drug charges. That probation was revoked in April. Since 2003, the troubled actor has been in trouble with the law, arrested for various drug offenses, assault and theft.

In California, drug offenses are vigorously prosecuted. Drug offense penalties can be severe and result in a criminal record and prison time. In California, drug offenses fall into four categories:

  • Drug possession for personal use. Possession of controlled substances for personal use is a felony in California, explains expert Los Angeles criminal defense attorney Stephen Rodriguez. However, possession of marijuana, being under the influence of a drug, and possession of drug paraphernalia are generally charged as misdemeanors. You can be convicted of drug possession if drugs are found in your car, house or purse, even if drugs are not found on your person when you are arrested.

  • Drug possession with intent to sell. Selling or the intent to sell drugs is a felony. Attorney Rodriguez cautions that you can be convicted of intent to sell drugs even if no money changed hands and the sale was not completed. If you are caught with drug packaging, weighing scales or cutting agents, or if police have proof of sales activities, you can be convicted of possession with intent to sell.

  • Drug trafficking. Transporting, importing or selling/distributing drugs is a felony in California. However, if you are arrested with less than 28.5 grams of marijuana meant solely for personal use, you can be charged with a misdemeanor. L.A. lawyer Rodriguez notes that you can be charged and convicted of drug trafficking if you merely aid or conspire with someone to sell or purchase a controlled substance.

  • Manufacturing drugs. Planting, cultivating or harvesting marijuana and manufacturing illegal drugs or possessing chemicals that can be used to manufacture illegal drugs are crimes in California.
"The most powerful defense for a drug bust or drug crime is the evidence and how it was obtained," notes skilled criminal defense attorney Stephen Rodriguez. Evidence obtained through an illegal search and seizure cannot be used to convict you. An experienced criminal defense lawyer can, in court, challenge the way evidence was obtained, resulting in dismissal if successful. A skilled criminal defense attorney may also be able to obtain alternative sentencing for non-violent drug offenders, substituting rehabilitation for jail time.