Tag: Drug Crimes

It’s ideal to have a Los Angeles drug crime lawyer by your side in order for you to receive a fair case. This also means not allowing these charges to negatively impact your future.

Read more here about the details.

Heroin is a highly addictive drug derived from morphine, which in turn is made from the seeds of certain types of poppy plants. It’s illegal everywhere in the United States, but it has been increasing in popularity in recent years. How do California drug laws treat heroin-related crimes?

Heroin Use Is On The Rise

In recent years, heroin usage has dramatically increased throughout the United States.  In fact, the National Center for Health statistics reported that the U.S. death rate from heroin overdoses nearly tripled between 2010 and 2013.  California has been no exception.

Despite the recent heroin epidemic, Democratic and Republican politicians throughout the United States have been lobbying for alternatives to incarceration for non- violent drug offenders.  Even President Obama weighed in on the issue stating that: “ rather than spending billions of dollars- taxpayer dollars- on long prison sentences for nonviolent drug offenders…we could save money and get better outcomes by getting treatment to those who need it.”  Consequently, many state legislatures have lightened the criminal penalties for drug possession.  California lightened its criminal sentencing for drug possession in November 2014 with the passage of Proposition 47.

Heroin Laws

Heroin and other narcotics are illegal under federal and state laws.  Heroin is treated as a Schedule I substance under the California Uniform Controlled Substance Act due to its high risk for addition and abuse.  In California, defendants convicted of heroin possession can face misdemeanor or felony charges depending on the circumstances of their case. Those charged with misdemeanor heroin possession might be eligible for certain treatment programs.  However, the penalties for dealers and traffickers are much more serious.

Penalties For Heroin Possession

Heroin possession is illegal in the State of California.  Persons found guilty of possessing a usable amount of heroin will be prosecuted under Section 11350 of the California Health and Safety Code.   Section 11350 criminalizes possession of heroin for personal use.  The government is not required to prove you actually intended to use the drug, only that you possessed it.  There are 3 types of possession actionable under California law: actual possession, constructive possession, and joint possession.

Misdemeanor Heroin Possession

In most cases, heroin possession will be prosecuted as a misdemeanor.  However, depending on the specifics of your case, your criminal background, and the decisions of the prosecutor and/or judge, you could face felony charges.  In general, first-time, non-violent offenders will be charged with a misdemeanor.  Those charged with misdemeanor heroin possession can face any combination of the following sentences:

• Up to 364 days in county jail
• Up to $1000 in fines
• Probation
• Parole
• Random drug testing

In certain cases, the Judge might determine that a defendant would benefit more from a drug diversion program than from incarceration and/or other traditional forms of sentencing.  Drug diversion programs are not available for all defendants and eligibility depends largely on the circumstances of your case and judicial discretion.  The two most common drug diversion programs are Proposition 36 and PC 1000.  In general, the programs are not available to defendants if the underlying arrest involved violence, threats of violence, possession of a firearm, or the sale of drugs. You’re may also be ineligible for diversion if you’ve been convicted of other drug charges in the past.

Felony Heroin Possession

Persons charged with felony heroin possession can be incarcerated for up to three years.  Drug diversion programs are not available for defendants facing felony charges.  However, persons incarcerated for felony heroin possession before November 2014 might be eligible for resentencing under Proposition 47. Resentencing is not automatic and certain defendants, including violent felons, habitual felons, and registered sex offenders will not qualify.

Penalties For Selling Heroin

Defendants charged with selling or trafficking heroin face much harsher sentences than those charged with possession.  Sections 11351 and 11352, respectively, govern the prosecution of selling and trafficking heroin in the state of California.  The prosecution does not have to prove that a person actually sold or intended to sell the drug with direct evidence.  Oftentimes, defendants are charged with selling heroin based on circumstantial evidence.  In ambiguous cases, the Court often looks to the presence of the following factors when determining whether an individual was selling or attempting to sell heroin:

• Individual baggies
• Bindles
• Scales
• Large sums of cash
• Weapons

Defendants charged with selling heroin typically face either one of the following sentences, depending on the circumstances of their case:

• Probation with up to a year in county jail, or
• Up to four years in prison

Penalties For Trafficking Heroin

Individuals who are charged with transporting and /or selling heroin within one county or across county lines may be charged with “trafficking” heroin. Defendants convicted with trafficking heroin could face:

• Probation with up to 1 year in county jail, or
• Up to 5 years in prison, or
• Up to 9 years in prison if drugs were transported across county lines

Defendants might also be charged with a $50,000 fine in certain trafficking cases involving the:

• Transportation or sale of heroin equal to greater than 14.25 grams; or
• Solicitation of minors to possess, sale, or transport heroin; or
• Transportation or sale of heroin within the confines of certain establishments.

Laws concerning the prosecution of heroin have changed in recent years.  Before the enactment of Proposition 47, all persons found guilty of heroin possession faced felony charges.  Now, first-time non-violent offenders in California will likely face misdemeanor possession charges while violent and habitual criminals will typically face felony charges.  However, defendants convicted of selling and/or trafficking heroin face felony charges with the possibility of up to 9 years of incarceration and a $50,000 fine.

Other Charges

Even if you’re not carrying any heroin on your person, you may be charged with being under the influence of heroin. This charge is possible if you appear to be under the influence in any manner, physically or mentally. This is a misdemeanor, punishable by up to a year in jail. However, most cases will be eligible for diversion instead of jail.

These are just the charges you may face under California drug law – you may also be charged separately under federal law for trafficking heroin and other drugs.

California Attorney Search

If you’ve been arrested on a heroin charge, you need the help of an experienced local attorney to protect your rights. Our Attorney Referral Service will make your California attorney search simple.
Image Credit and License

Flower wreaths, fringe, camping, music – Coachella is one of the biggest parties of the year. It’s also one of the wildest parties of the year, and that can mean legal trouble.

Drug Possession And Sale

Since Woodstock, music festivals have been synonymous with drug use. Of course, recreational drugs are just as illegal at music festivals as they are everywhere else. What happens if you get arrested for drug possession at Coachella?

The answer depends on the type of drug and how much of it is in your possession when you’re arrested.

Cocaine

In California, cocaine is classified as a Schedule II drug. California law recently changed to ease the penalties for possession of cocaine for personal use. It’s now a misdemeanor, with up to a year in county jail. If you have a large amount of cocaine, it may be construed as possession with intent to sell or distribute. That’s a more serious charge and can get you 2-4 years in prison – the same as if you were caught actually selling it.

Ketamine

Ketamine was originally developed for use as anesthesia. It has become popular for recreational use and is now classified under California law as a Schedule III controlled substance. Possession of ketamine is a misdemeanor and can be punished by up to 6 months in jail, although most people are put on probation instead. Sale of ketamine may be charged as a felony or a misdemeanor, with up to 3 years in prison.

Marijuana

In California, marijuana is classified as a Schedule I drug. As long as it’s less than 28.5 grams and you’re over the age of 18, you’ll just face a fine of up to $100. It’s considered an infraction, so it’s similar to getting a ticket. If you’re caught with more than 28.5 grams, that’s a misdemeanor with up to 6 months of jail time and a fine of up to $500. If you’re under the age of 18, possession of any amount of marijuana is a misdemeanor with up to 10 days of jail time and a fine of up to $250.

Possession of marijuana concentrates, such as hash and hash oil, is more serious in the eyes of the law. Possession of a marijuana concentrate can result in up to a year in jail and up to $500 in fines.

If you’re caught selling or distributing marijuana, you may be facing up to 4 years in jail and $100 in fines. However, a “gift” of less than 28.5 grams is a misdemeanor and comes with the same $100 fine for possession. Selling, delivering, or giving marijuana to a minor is a felony and can put you behind bars for up to 7 years.

MDMA

MDMA, commonly found in pill form and called “Ecstasy,” is one of the most popular drugs at music festivals. In California, it’s a Schedule I controlled substance. While possession is illegal and may come with a penalty of up to a year in prison, in practice most offenders with otherwise clean records receive probation. As with any other drug, the sale of MDMA is a more serious crime. If convicted of selling MDMA, you may spend up to 4 years in prison.

Alcohol-Related Offenses

Alcohol is legal if you’re 21, but drinking before your 21st birthday can get you in trouble with the law. If you’re caught with alcohol in a public place, that’s a violation of California’s “minor in possession of alcohol” laws and you may be charged with a misdemeanor. The penalty is typically community service, but it will still go on your record – and your driver’s license will be suspended for a year.

It’s also illegal to sell or otherwise furnish alcohol to someone under the age of 21. It’s typically charged as a misdemeanor and penalties may include fines and community service.

Even if you’re of age, you may run into trouble for consuming too much alcohol. In order to run afoul of California’s public intoxication laws, you must be so intoxicated that you are a danger to yourself or others or you must be somehow obstructing a public way – a road or sidewalk, for example. You may also face public intoxication charges if you fight with, attack, or threaten other people. In other words, being drunk alone isn’t enough to get you in trouble.

Other Offenses

While drug and alcohol offenses are usually the first that come to mind when we think of music festivals, there are other legal concerns. For example, fighting or brawling can result in assault charges and lewd behavior could put you on the wrong side of public indecency laws. Music festivals are also, unfortunately, often the scenes of sexual assault.

Arrested At Coachella?

Music festivals can be big fun, but they can also be big legal trouble. Any time you’re arrested, you should comply peacefully with any and all instructions by police officers. Request to speak to a lawyer as soon as possible and to let your friends or family know where you are and that you’re safe.

If you need legal services, our lawyer referral service can help you find an experienced local attorney to work on your case and defend you in court.

 

Image Credit and License

Cocaine is a serious crime.

According to DrugAbuse.gov, cocaine accounts for nearly 7% of drug treatment admissions in Los Angeles County.

It also accounts for around 20% of the drugs analyzed by the National Forensic Laboratory Information System for the county. While these numbers are down overall over the past several years, cocaine is still a big presence in the area.

We’re going to take a closer look at the cocaine laws in California so you have a better understanding as a resident.

Let’s get started.

What is cocaine?

Cocaine is a stimulant made from the South American coca plant and typically comes in the form of a white powder. It may be snorted, inhaled, or injected and causes intense feelings of happiness or agitation. It is highly addictive and can permanently alter the chemistry of the brain. It can cause high blood pressure, high body temperature, increased heart rate, and other side effects. High doses can be fatal.

Cocaine may be further processed into crack cocaine, which comes in the form of rocks. Crack cocaine is typically smoked and is highly addictive.

Cocaine possession, use, and sale are illegal in the United States. In California, cocaine is classified as a Schedule II drug. Crack cocaine is classified as a more serious Schedule I drug. Until this year, the sentences for crack cocaine crimes were more severe than those for powder cocaine crimes – sometimes including more than twice as much jail time. This year, the Fair Sentencing Act equalized the sentences for crimes related to both forms of the drug. In this article, we’ll use “cocaine” to describe both forms.

There are two main categories of cocaine-related offenses in California: possession and distribution.

Cocaine Possession in California

The law recognizes two different types of cocaine possession: possession for personal use and possession for sale or distribution. Possession for personal use covers small amounts of cocaine found on your person or in an area that you control. That may include a backpack, car, or home.

In late 2014, California voters approved Proposition 47, a measure that changed cocaine possession for personal use from a felony to a misdemeanor offense. Instead of up to 3 years in state prison, those convicted of possession of cocaine for personal use can only be sentenced to 1 year or less in county jail. Those who were previously convicted of cocaine possession for personal use may be eligible for reclassification and resentencing.

Possession of larger amounts of cocaine may result in a charge of possession for sale. This means that the prosecutor believes that you purchased cocaine in order to resell it to other people. You don’t have to get caught actually selling the drug; you just have to possess enough that the prosecutor believes it’s not just for personal use. As with possession for personal use, the cocaine may be on your person or under your control. This is a more serious charge and is not covered by Proposition 47. Possession for sale is punishable by imprisonment for 2-4 years.

Cocaine Sale or Distribution in California

If the state has evidence that you were actually selling cocaine, you may be charged with sale or distribution of a controlled substance. This is a more serious charge than possession with penalties of to 2-4 years in state prison. You can be charged with distribution of cocaine even if no money changed hands; transporting, giving away, providing for use, or otherwise distributing cocaine in any way all fall under the same umbrella. Attempting to distribute cocaine is also illegal; you don’t actually have to succeed in the sale.

If you are convicted of selling cocaine to a minor, selling cocaine within 1000 yards of a school, or selling cocaine in a public area, you may be subject to even more severe penalties. Depending on the circumstances surrounding the sale in question, you may face up to 9 years in state prison.

Larger Amounts of Cocaine

The law provides for extra penalties where large amounts of cocaine are involved. These penalties are added on to those imposed for the possession or distribution of cocaine in general.  It’s measured by weight, so a small amount of very pure cocaine will be punished less severely than a large amount of very dilute cocaine.

• More than 1 kg: 3 additional years in prison
• More than 4 kg: 5 additional years in prison
• More than 10 kg: 10 additional years in prison
• More than 20 kg: 15 additional years in prison
• More than 40 kg: 20 additional years in prison
• More than 80 kg: 25 additional years in prison

Cocaine Paraphernalia

Not only is it illegal to possess or distribute cocaine, but it’s illegal to possess paraphernalia related to cocaine use. That may include vials for storing it, scales for weighing it, pipes for smoking it, and more. In order to convict you of possession of drug paraphernalia, the court will need to show that you knew about the item’s presence and purpose and that you had control over the item. If you’re caught with a crack pipe in hand, for example, the court will have an easier argument that you did know about and control the item. If you’re pulled over with a friend in the car and police find a crack pipe in your friend’s pocket, on the other hand, it’s clear that you don’t have control over the item.

It’s also illegal to sell equipment for use in “planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance.” California Uniform Controlled Substances Act § 11014.5(a). In determining whether a given object is paraphernalia, the court will consider the advertising for the product, the way it’s displayed, the instructions included with the product, and other evidence.

Other Cocaine Laws in California

You may run into cocaine-related legal trouble even if you’re not using it. These are just a few of the crimes associated with cocaine:

• Being present in a room where cocaine is being used if you’re assisting, aiding, or abetting the use
• Knowingly renting a space to tenants who are using the space to make or store cocaine; this is punishable by up to a year in county jail
• Possessing, selling, or manufacturing cocaine in a room designed to prevent the entry of law enforcement officers; this is punishable by 3-5 years in prison
• Using or building a false compartment to transport cocaine; this is punishable by imprisonment for up to a year
• Possession of a loaded gun in addition to possession or sale of cocaine; this is punishable by imprisonment for 2-4 years

Proposition 36 And Nonviolent Offenders

Proposition 36, passed in late 2000, gives those convicted of nonviolent drug offenses for the first or second time the opportunity to enter a drug rehabilitation and treatment program for up to a year rather than go to prison. Only nonviolent offenders are eligible for Prop 36. This law is designed for personal possession crimes, so it also doesn’t apply to those convicted of possession for sale or distribution. Finally, it only applies to those who are only facing a drug charge. You’re not eligible for Prop 36 if you’re also facing a non-drug-related charge or if you were in possession of a firearm at the time of the offense.

In addition to Prop 36, the California Penal Code offers a “Diversion” or “Deferred Entry of Judgment” program. This program is open to nonviolent, first-time offenders who have not been convicted of a felony within the past 5 years. Like Prop 36, this law allows the offender to enter a treatment and rehabilitation program rather than go to jail.

Ask A Lawyer

If you’re facing a cocaine-related charge, it’s time to find an attorney who can help you manage your case. The law surrounding cocaine and other controlled substances is complex and you need an experienced criminal lawyer on your side to ensure that your rights are respected.