Los Angeles Defense Attorneys & Lawyers
Drug Crimes
Many of our firm's cases involve the defense of those accused of possessing or dealing in illegal drugs. If you are convicted of a drug crime in the state of California, you may face anything from probation and a fine to life in prison. If this is your first offense and there is no violence, you may be eligible for alternative sentencing by the courts.
Manufacturing, (labs) possession of drug precursors, and transportation or other trafficking charges are very serious, and can result in lengthy prison sentences if your constitutional rights are not protected. Government agents have sometimes been known to shade the truth or lie to get results in narcotics cases. Sometimes aggressive defense tactics must be used to reveal such conduct, or attack a search warrant. Often there is only one viable defense to an accusation of drug possession or trafficking - a motion to suppress evidence, based on the 4th Amendment, arguing that the search that led to the discovery of the drugs was illegal.
In California, Proposition 36 offers an alternative to incarceration for non-violent first time drug offenders. Instead of prison time, you will be placed on probation and sentenced to a drug rehabilitation facility for a year and follow-up care for an additional period of 6 months. Drug Diversion programs, commonly called "1000 PC" for the penal code section that defines the law, may be available to first offenders. This results in the eventual dismissal of charges after an education program, and does not result in a criminal conviction.
Specific Code Sections are Listed Below:
Health and Safety Codes
Drug Possession
Drug possession is charged under several different code sections depending on the type and quantity of the drug.
11350 HS is the possession of opium or cocaine or any derivative thereof. This offense is considered a felony.
11357(a) HS is the possession of any concentrated form of cannabis (hashish). This offense can be a felony or misdemeanor.
11357(b) HS is the possession of less than 28.5 grams of marijuana. This offense can be a misdemeanor or infraction.
11364 HS is the possession of paraphernalia for injecting or smoking a controlled substance. This offense is considered a misdemeanor.
11377 HS is possession of "Dangerous drugs" such as PCP, LSD, Ketamine and Methamphetamine. This offense can be a felony or misdemeanor.
Manufacturing and Sales
11351 HS is the possession for sale of opium or cocaine or any derivative.
11355 HS is the sale or transportation of opium or cocaine or their derivatives.
11378 HS is the possession for sale of "Dangerous drugs" such as PCP, LSD, Ketamine and Methamphetamine.
11379.6 HS is the manufacturing of "Dangerous drugs" such as PCP, LSD, Ketamine and Methamphetamine.
Proposition 36
On November 7, 2000, California voters approved Proposition 36 -- The Substance Abuse and Crime Prevention Act (SACPA) of 2000 (the Act). The Act is the most significant state law change since "three strikes," and substantially changes California's judicial processes and substance abuse treatment systems.
What the Act Does
Under the Act, most non-violent adult offenders who use or possess illegal drugs will receive drug treatment in the community rather than incarceration. It was designed to:
- Preserve jail and prison cells for serious and violent offenders.
- Enhance public safety by reducing drug-related crime.
- Improve public health by reducing drug abuse through proven and effective treatment strategies.
Eligible offenders receive up to one year of drug treatment and six months of after-care. The courts may sanction offenders who are not amenable to treatment. Vocational training, family counseling, literacy training, and other services may also be provided.
- The Act also requires that participating treatment programs be licensed or certified, with certain exceptions.
- Use of Proposition 36 funds for drug testing is specifically prohibited by the Act, but special funding for drug testing was added by Senate Bill 223 (Burton), Chapter 721, Statutes of 2001 (approved October 2001).
Have you been charged with a drug crime in Los Angeles?
If so, you should speak with a knowledgeable Los Angeles criminal defense attorney immediately. Your initial case evalutaion is free, and during your free case evaluation, we will inform you of your rights and advise you of your legal options. Diamond, Burt & Akhkashian can provide you will affordable, reliable legal counsel.
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