DRUG CASES IN CALIFORNIA
Your Need an Expert to Help You
THE CONSEQUENCES OF DRUG CASES VARY GREATLY, BASED UPON WHAT THE CHARGES ARE. IS IT UNDER THE INFLUENCE? POSSESSION? SALES? ARE YOU ELIGIBLE FOR "DEFERRED ENTRY OF JUDGMENT"? ARE YOU ELIGIBLE FOR "PROPOSITION 36" DRUG TREATMENT? ARE YOU ELIGIBLE FOR "DRUG COURT"?
What Types Of Drug Charges Are There?
- Possession of Drug Paraphernalia: Mere possession of items that can be used with illegal drugs can be prosecuted, whether or not drugs in useable amounts are actually found.
Under the Influence Charges: These are situations where the police have arrested someone they believe is under the influence of an illegal, non-prescription drug. This can be related to driving, or even being on the street in an intoxicated condition.
- "Simple Possession": Relates to a party having illegal drugs in his or her possession, or under their "dominion and control", such as in an automobile. The amount must be so small that it can be consumed by a single person, and must not be packaged in such a way as it appears to be for sale.
- Possession for Sales: Means that the amount is so great that no single person could use it all in a reasonable time or way. The police and district attorney "assumes" that it must be for sales because of the amount and/or packaging. Sales charges result in much greater penalties, as a rule.
- Sales, Transportation, Trafficking, and Distribution of Drugs: These are the most serious type of charges. These can result in many years of imprisonment.
Money Laundering: Hiding money made in connection with drug sales.
Cultivation of Drugs: This is growing drugs, such as marijuana.
What Are The Sentencing Factors
- The type of drug found, e.g. marijuana vs. cocaine
- The quantity found
- The presence of weapons
- Other crimes involved
- Prior drug convictions
- Large sums of money found
What Possible Sentences Can Be Imposed?
- Deferred Entry of Judgment, where charges are dismissed after completing a program
- Fines and restitution
- Straight "summary probation" where you needn't report to Probation; just obey all laws
- Community Service, e.g. Caltrans.
- Drug Programs, e.g. "Proposition 36"
- County jail up to one year
- State Prison
What Should I Do If I Am Charged With A Drug Crime?
Do not speak to the police without an experienced drug attorney present. The police are not your friends in these situations and statements that you think are "exculpatory", i.e. that show your innocence, can actually be incriminating in the hands of the police. After hiring an attorney, be frank with him or her; your statements are protected by attorney-client privilege and your attorney needs to know what really happened to present your best defense. Make sure that you give your attorney the names of all possible witnesses to the events, and describe everything to him. Something that you think is insignificant can have great legal meaning and can determine the outcome of the case.
Discuss the possibility of "drug diversion", "drug court" or "deferred entry of judgment" to avoid charges on your record. Consider the possibility of an inpatient drug rehabilitation program if drug or alcohol addiction is the real problem. Consider issues of "search and seizure" with your attorney to see if there is a way to exclude the drug evidence against you. Discuss the risks of going to trial, in case trial becomes necessary.
Why Should I Hire Kenneth H. Lewis For My Drug Case?
Because Kenneth H. Lewis has been successfully handling all types of drug cases throughout his 33 year career. He understands the terrible impact these cases can have upon defendants and their family, and will fight to the end to see that you get the very best results possible. All potential defenses will be explored in depth, such as search and seizure, diversion, drug court, deferred entry of judgment, negotiation, and if necessary, trial. No stone will go unturned in representing you to the fullest extent possible!
Kenneth H. Lewis is one of the relatively few lawyers to have actually argued a case before the California Supreme Court, People v. Leon. This drug case involved over 80 kilograms of cocaine. He is not only admitted before all the courts in California, but also the United States District Court for the Central District of California, the United States 9th Circuit Court of Appeal, and the United States Supreme Court, where he appeared at counsel's table in the case of California vs. Rooney.
Call now, day or night, for a free consultation.