Articles Posted in Drug Offenses

Border Patrol officers in San Clemente intercepted $6.7 million of cocaine at a freeway checkpoint last week when a man claiming to be a U.S. citizen was stopped. The 54-year-old man was nicely dressed in a suit and tie and driving a relatively new automobile but there was something about him, or the car, that caused the border agents to be suspicious.

If anyone has ever gone through one of these border checkpoints, you know that most of the time you are just waived through. Occasionally you are stopped briefly and asked where you are coming from, where you are going, and if you have any produce in your car. Apparently this is all they need to decide whether or not they want to investigate further. The Border Patrol agents at checkpoints can stop and question anyone even if there is no reason to believe that there are any illegal aliens inside. The United States Supreme Court determined this. It was further ruled that the Border Patrol agents “have wide discretion” to request that the car, and the occupants, pull over to another inspection area for further questioning.

In this particular situation, when the man told the officers that he was a citizen, apparently they were suspicious and ran a record check. This revealed that he was actually a Mexican national and arrested him. This was all they needed to be able to then search his car. The search revealed several large cardboard boxes in both the backseat and trunk of the car. The large cardboard boxes in the back seat may have been what brought attention to the man and caused suspicion. It was discovered that 53 packages of cocaine were inside the boxes, which was estimated to weigh approximately 670 pounds. On the street, that would be worth around $6.7 million.

Possession of a controlled substance is a crime in California. However, possession with intent to sell is a much more serious crime with more severe consequences. It is unfortunate, but most people who are arrested for drug related charges are typically addicts who require some sort of treatment for their addiction. But, what they face if convicted, may include:

1. Probation;
2. 1 year in County Jail; or
3. 2, 3 or 4 years in a California State Prison.

Possession for sale of marijuana is a felony and is punishable by up to 4 years in State Prison.

Crimes involving illegal drugs may include any of the following:

1. Possession for personal use;
2. Possession of drugs with intent to sell or distribute;
3. Trafficking, transporting, buying, or selling;
4. Distribution
5. Cultivating or manufacturing; and
6. Conspiracy to do any of the above.

To prove intent to sale, the prosecution does not need to prove that you sold anything, only that you intended to. This proof can be made based on the following:

1. The amount of drugs found;
2. Other items found such as baggies or scales;
3. Conversations with undercover officers or informants; and
4. High volume of traffic to and from you residence.

When a police officer arrests someone for possession of narcotics, they will almost always take possession of that person’s cell phone. They will review the text messages looking for any sign of sales, whether it is the person looking to buy something or, whether someone is requesting to buy from that person. Often if the text messages reveal that the person is looking to buy, the officers will pressure the person into revealing who their supplier is. This is one way police officers are able to find and arrest people for drug sales.

There are drug related charges that may be prosecuted as misdemeanors. They include: possession of marijuana, being under the influence of a drug and possession of drug paraphernalia.

Fortunately, there are defenses to all of these crimes. Some include:

1) Illegal search and/or seizure;
2) No intent to sell;
3) Lack of possession; and
4) Lack of knowledge.

If convicted of a drug related charge, alternatives to jail and or prison time should be the goal of your attorney. There are many drug rehabilitation programs available for those who can afford it. There are also “sober living” houses, which typically are more affordable and are designed more for those who are on their way to recovery. Sober living houses are a sort of second step in the recovery process and can be a very successful tool for someone who is serious about getting and staying sober.

Other alternatives include Prop 36 and PC 1000. For more information on these programs see the link provided.

Every county and every courthouse has it’s own way of doing things. It is important to have an attorney who is familiar with how things work in the County where your case is pending. An attorney who is experienced in defending drug related charges and who has a good relationship with the Judges, prosecutors, probation officers and the court staff, will be in a much better position to get the best possible outcome for their client.

Continue reading →

Thousands are sent to California prisons every year as a result of law enforcement agencies aggressive crack down on drug trafficking. Undercover operations can last a year or longer before an actual arrest is made. This was true in an operation that lasted a year and ended with the arrest of 16 people in Santa Ana, on suspicion of being involved in illegal distribution of narcotics. The distribution of narcotics operation included distributing crack cocaine, methamphetamine and heroin.

Often times, many of those arrested and/or convicted are innocent and many are drug addicts who are in need of treatment. Addressing a person’s drug addiction is much more effective than sending them to prison.

Transporting, importing and selling or distributing controlled substances is a felony in California. This is also known as drug trafficking.

Transportation of Narcotics: Is when an individual or group knowingly transfers the substances from one place to another. Whether the amount is small or large, transporting drugs is considered a serious offense.

Drug distribution: Is the act of selling narcotics to others.

The consequences of drug transportation and/or distribution vary depending on several factors. Some of the mitigating factors include:

1. The type of drug,
2. The location,
3. The amount, and
4. Whether or not minors are involved.

Consequences of being convicted of drug transportation or drug distribution may include the following:

1. A long prison sentence,
2. Large fines,
3. Parole or probation which may include, drug testing, rehab, counseling, and search and seizure of property,
4. Being required to register as a narcotics offender,
5. Forfeiture of assets, and
6. Deportation (if not a U.S. citizen).

If you are found guilty of importing large quantities of narcotics from another country, the penalties are much more severe.

As a criminal defense attorney who has defended many individuals for drug transportation and sales, I am aware of the many important factors associated with this crime. I pay close attention to all details but two very critical details are: the quantity of drugs and, prior criminal record, specifically prior drug convictions. The quantity will point to the question of whether or not the drugs were for personal use or distribution. Someone with a prior conviction of sales of narcotics could be facing a minimum 3-year enhancement, which is added to the time he would serve if convicted on the new drug charge.

As an experienced criminal defense attorney, I am well aware and equipped to utilize the best defenses and/or sentence alternatives to get the best result possible. For example, drug treatment would be more appropriate than jail time. Especially for non-violent individuals who may suffer with a drug problem. Depending upon the situation, there are alternatives.

In California, if you qualify, you could be eligible for Proposition 36, which would allow substance abuse treatment instead of jail time, or Diversion, is another alternative, which would allow the case to be dismissed after a period of time if all requirements were fulfilled. There is also Drug Court, which is a program that involves supervision and treatment.

There are alternatives and therefore, it is critical that anyone being charged which a seriuos drug charge needs the representation of an experienced criminal defense attorney.

Continue reading →

In California it is possible to avoid going to jail for a simple drug possession case. Drug Diversion programs are an alternative to serving time for those who qualify. California Penal Code 1000 and Proposition 36 are two types of diversion programs which some defendants are eligible for.

California Penal Code 1000 (“PC 1000”), allows for defendants accused of possession of a controlled substance, if eligible, to enter a drug program rather than go to jail. This is also known as Deferred entry of Judgment (“DEJ”). The purpose behind these types of programs is to offer help to people who have a drug problem. The majority of people who are arrested for possession and drug sales are suffering from an addiction. While it is necessary to be held accountable for criminal actions, sending a drug addict to jail or prison typically will not deter the behavior in the future. However, committing to a drug program may make the difference between a one-time arrest for drugs and a lifetime of drug use.

These programs are time-consuming and strict for a reason. The defendant is expected to take the program seriously and commit completely with the goal of staying clean and sober. The ability of the defendant to stay in the program and complete it successfully will most definitely be an indication of their success in the future with sobriety. These types of programs should be looked at as an opportunity that not everyone has and looked at as a turning point in their future.

The following is a list of eligibility requirements for “PC 1000”: (1) The defendant should not have any prior offenses on his record involving controlled substances; (2) Defendant’s record should not reflect any revocation of probation or parole; (3) The offense defendant is currently being charged with must not involve violence; (4) The defendant should not have any felony convictions within five years of the current offense. If the defendant meets these requirements, the prosecution will make a determination of whether or not the program will be appropriate.

If the defendant decides to enter the program, he will plead guilty to the charge however, the sentencing will be delayed pending the successful completion of the program. If the defendant completes the program successfully, and stays out of trouble, the charges will be dismissed.

Proposition 36 is similar to PC 1000, however there are some differences. The eligibility requirements are much the same but unlike PC 1000, Prop. 36 may be available for someone with a prior violent felony conviction if: the defendant has been out of prison for at least five years with no felony or misdemeanor convictions involving violence for five years. Also unlike PC 1000, the defendant must plead guilty to the charge(s) and then be sentenced. Rather than going to jail, the judge can place the defendant on formal probation and require that a drug treatment program, lasting up to one year, be completed.

In addition to the drug treatment program, the judge may also require additional conditions of probation. Some of the additional conditions may include random drug tests, regular check-ins with a probation officer, court appearances requirements to pay treatment costs and other restrictions on the defendant’s lifestyle. Once the program is completed successfully, the conviction will be set aside and the charge(s) dismissed.

With both Prop 36 and PC 1000, if the defendant does not successfully complete the program, the sentence that would have been given or has been given, shall be enforced. Also, with both programs, a charge of possession for sales disqualifies a defendant from either program. For this reason, anyone being charged with a drug related offense should seek the advice and assistance of an experienced criminal defense attorney who will explore the possibilities of having a possession for sale reduced to a simple possession in order to allow the defendant to enter one of the drug diversion programs discussed above.

Continue reading →

“Bath Salts” are an inexpensive, synthetic, super-charged form of speed. The drug consists of a potpourri of constantly changing chemicals, three of the main ingredients, mephedrone, MDPV and methylone, were banned last year by the U.S. Drug Enforcement Agency. The U.S. Drug Enforcement Administration (DEA) made illegal the possession and sale of these three chemicals commonly used to make the synthetic drug “bath salts“. The ban was an emergency control, which will remain in effect for at least one year, while the DEA and the United States Department of Health and Human Services decide whether or not three chemicals should be permanently controlled.

However, in California, a recent law was just enacted which makes it illegal to sell, distribute, give away any “synthetic stimulant derivative“, a misdemeanor offense. At this point, simple possession of “bath salts” is not a crime. There are counties in California however that are in the process of making it illegal to both possess and sale the substances.

In May of this year, Orange County Sheriff’s Department, South Narcotics and Special Investigations Bureau conducted an undercover operation, which resulted in issuance of search warrants and the ultimate arrest of a 38-year-old San Clemente man. He was arrested and booked for violation of Health and Safety Code 11375.5, Unlawful Sale of Synthetic Stimulants and Unlawful Sales of Synthetic Cannabinoid Substances. Although it is illegal to sale and distribute “bath salts“, many head shops and smoke shops still package and sell it.

Simple possession of “bath salts” is, at this time, not a crime, however, the results of using this new “designer drug”, can and does result in being arrested and charged with misdemeanors and felonies. Because it is thought to be legal by teens and young adults, and is fairly easy to get, these young people are trying out this new drug, often times with devastating results. There have been reports of violence associated with the use of bath salts, as well as other bizarre behavior. So, while being in possession of bath salts might not result in an arrest, often times the behavior while on the drug will.

While the new law will impose fines and possible jail time for people arrested and charged with selling designer drugs, this pales in comparison to the consequences one might suffer if arrested for a crime while on the drug. As has been recently reported in the news, there have been several instances of people committing violent crimes while under the influence of “bath salts”. In these situations, it appears that these people were not career criminals with a propensity for violent crimes but are now faced with serious felony charges that will affect the rest of their lives.

Anyone who has been arrested for a crime while under the influence of “bath salts” should seek the advice of an experienced criminal defense attorney who is familiar with drug related offenses and specifically the defenses to crimes committed while under the influence. There are defenses that a skilled attorney will be familiar with. One defense in particular that may apply to a situation where someone under the influence of “bath salts” and commits a crime is the voluntary intoxication defense.

Voluntary intoxication is typically difficult to use as a valid criminal defense. But it may bear on the issue of whether you possessed the mental state to commit certain “specific intent” crimes. “Specific intent” means that you specifically intended the consequences of your act.

Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

Continue reading →

“Bath Salts” are an inexpensive, synthetic, super-charged form of speed. The drug consists of a potpourri of constantly changing chemicals, three of the main ingredients, mephedrone, MDPV and methylone, were banned last year by the U.S. Drug Enforcement Agency. The U.S. Drug Enforcement Administration (DEA) made illegal the possession and sale of these three chemicals commonly used to make the synthetic drug “bath salts“. The ban was an emergency control, which will remain in effect for at least one year, while the DEA and the United States Department of Health and Human Services decide whether or not three chemicals should be permanently controlled.

However, in California, a recent law was just enacted which makes it illegal to sell, distribute, give away any “synthetic stimulant derivative“, a misdemeanor offense. At this point, simple possession of “bath salts” is not a crime. There are counties in California however that are in the process of making it illegal to both possess and sale the substances.

In May of this year, Orange County Sheriff’s Department, South Narcotics and Special Investigations Bureau conducted an undercover operation, which resulted in issuance of search warrants and the ultimate arrest of a 38-year-old San Clemente man. He was arrested and booked for violation of Health and Safety Code 11375.5, and Unlawful Sales of Synthetic Cannabinoid Substances. Although it is illegal to sale and distribute bath salts, many head shops and smoke shops still package and sell it.

Simple possession of “bath salts” is, at this time, not a crime, however, the results of using this new “designer drug”, can and does result in being arrested and charged with misdemeanors and felonies. Because it is thought to be legal by teens and young adults, and is fairly easy to get, these young people are trying out this new drug, often times with devastating results. There have been reports of violence associated with the use of bath salts, as well as other bizarre behavior. So, while being in possession of bath salts might not result in an arrest, often times the behavior while on the drug will.

While the new law will impose fines and possible jail time for people arrested and charged with selling designer drugs, this pales in comparison to the consequences one might suffer if arrested for a crime while on the drug. As has been recently reported in the news, there have been several instances of people committing violent crimes while under the influence of “bath salts”. In these situations, it appears that these people were not career criminals with a propensity for violent crimes but are now faced with serious felony charges that will affect the rest of their lives.

Anyone who has been arrested for a crime while under the influence of “bath salts” should seek the advice of an experienced criminal defense attorney who is familiar with drug related offenses and specifically the defenses to crimes committed while under the influence. There are defenses that a skilled attorney will be familiar with. One defense in particular that may apply to a situation where someone under the influence of “bath salts” and commits a crime is the voluntary intoxication defense.

Voluntary intoxication is typically difficult to use as a valid criminal defense. But it may bear on the issue of whether you possessed the mental state to commit certain “specific intent” crimes. “Specific intent” means that you specifically intended the consequences of your act.

Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

Continue reading →

California Health & Safety Code 11350 makes it a crime for anyone to be in possession of a controlled substance. Possession of a controlled substance has nothing to do with under the influence of a controlled substance or possession of a controlled substance for sales. Simply being in possession is enough to be convicted. As an Orange County Criminal Defense Attorney, practicing law in Orange County for 20 years, I have gained invaluable experience and information with regard to how cops and the District Attorney build their cases. This has given me an advantage when it comes to preparing a defense for my clients.

Possession of a controlled substance is what is known as a “wobbler”, meaning that it may be filed as either a misdemeanor or a felony, depending upon the circumstances and prior criminal history. Penalties if convicted include fines and up to three years in State Prison. For this reason, an experienced criminal defense attorney, specializing in drug possession cases, should be consulted.

Some defenses that should be explored are: 1) Was there probable cause to stop and search you; 2) Who did the drugs belong to; and 3) Maybe you are an addict and need treatment rather than punishment. However, if it turns out that the evidence is such that a guilty plea/verdict is inevitable, my goal is always to find an alternative to jail or prison time. For example, serving time in a drug program would be my goal if the judge and prosecution are determined that time must be served.

Anyone being accused of a crime in Orange County, California, should seek the advise of an attorney who is familiar with all the Courts in Orange County. An attorney who has a good working relationship with the individual Judges, District Attorneys, Court Clerks and Probation Department, as well as the Court staff, will be better able to get your charges reduced and/or dismissed. An attorney familiar with the Courts in which a case is pending will result in the best possible outcome available.

Continue reading →