Los Angeles Drug Crime Attorney
Drug crime cases in Los Angeles, which have been prosecuted for many years, are now undergoing a significant shift in focus. The legislature and the community are increasingly prioritizing violent crime cases where people are getting hurt. This shift in focus should provide reassurance to those facing drug crime charges.
The police only have so much workforce, and there are so many different segments of society using drugs that it's almost impossible to keep up with it. Also, another big thing is that they see, especially in California, that a lot of drug offenders are in the prisons and the jail system, so that's why it's overcrowded. They don't have room for violent offenders.
Hence, the legislature, the people, the prosecutors, the police, and the judges now have given some breaks to people who commit drug crimes. So, suppose you're in the unfortunate position of being charged with a drug crime.
Having the right attorney on your side in Los Angeles can make a world of difference. It can mean the difference between facing the harsh consequences that drug crimes used to carry and now having the opportunity to get your case dismissed, avoid prison, and escape other potential consequences that were once inevitable.
The Health & Safety Code of California
Most drug crimes are charged under the Health & Safety Code. For instance, possession of most drugs will be charged under California Health and Safety Code 11350 and prosecuted accordingly.
These programs, often available for first-time offenders, allow the individual to complete a set of requirements, such as drug education classes or community service, in exchange for having their charges dismissed.
Hence, having the right criminal defense lawyer who has handled many crimes in Los Angeles County is crucial when defending these cases.
Legal Defenses for Drug Crimes
Many of the drug crimes that the police are getting people for are defensible. This means that there are motions that can be filed to stop the prosecutors from being able to prosecute somebody dead in their tracks. For example, if they illegally stop you in your car on the street and search you.
They don't have probable cause for some criminal activity afoot, so I can get my client's case dismissed over the last twenty-five years of defending drug crime cases.
As a Drug Crimes Defense Attorney, I have helped numerous clients get their charges reduced or dismissed. Under the Constitution of the United States, we have Fourth Amendment rights that protect against unreasonable stops, searches, and seizures by the police.
So, if we can show that a stop of a person or a vehicle was unreasonable under the circumstances, then the evidence that is found, typically the drug, will be suppressed. Then, the prosecutors will have to dismiss the case because they won't have the gravamen of the crime—the drug.
Other available defenses include a search warrant. If the police come into your home, they'll need to get a search warrant; otherwise, anything they find will be suppressed, and they won't have a case against you.
So, if they find drugs in your home, they didn't have a search warrant, and they just came in because they thought there might be some drugs, or based on a hunch, anything that's found – drugs, guns, money – will all be suppressed and they won't be able to be used against you.
However, there are some circumstances when the police can enter your home. One big one that a lot of people don't realize is that if you let them in and tell them, “Sure, go on in and search. I don't have anything in there,” and then they come in and find drugs inside your home, you're going to be prosecuted because you consented to the search.
Another example of when the police can get into your house is what's called exigent circumstances, meaning there's some emergency—the house is on fire, somebody's in danger inside the house, if they chase a fleeing felon into a home, they can probably go in and apprehend that person, and if they happen to see drugs along the way running in there, then they can prosecute the person who owns those drugs.
Another prominent example of when the police can get inside somebody's house is if that person is on probation and has search terms. So, if you're on probation and you have a probation officer and they want to come in there and look for drugs, then they're going to be able to do it.
This is a warning to all who let probationers into their homes knowing they're on probation; they could be subject to search and seizure. Technically, the police or probation officers can only come in and search the person who's on probation for drugs.
However, I can't tell you how many times I see once they're in there, the next thing you know, they've caught somebody else for drugs inside the house. So, you put yourself in jeopardy if you let a probationer in your home, especially one that's doing drugs, selling drugs, or has any weapons or anything illegal.
Legal Penalties for Drug Crimes
When it comes to drug crimes, penalties can range from a small fine to some diversionary drug program to a live-in program, to an out-patient program, to county jail, to prison, to community service, Caltrans, and community labor. So many variations can be negotiated depending on the circumstances of the drug case in Los Angeles County.
Having an attorney who has experience in defending and negotiating drug crimes in Los Angeles is a massive advantage to somebody who's charged with one of these crimes in L.A.
The best criminal defense attorneys know which prosecutors will negotiate, which judges are the toughest regarding drug crimes, what outcome they can get under a given set of circumstances, and who to talk to.
Another big thing that I do is sometimes I have to either file motions to try to take the case away from the prosecutors or sometimes I have to do the preliminary hearing and attack their witnesses, police officers, and civilian witnesses and show them—look, your case is not a slam dunk.
You'll have some problems here and could lose the case altogether, so you better be reasonable with my client.
The biggest thing I do is get my client's version of events across to the prosecutors and the judge so they know the other side of the story. I can't tell you how often it has been frustrating when the clients are not heard or listened to.
They're just shoved in the back of a police car and told that they're being charged with possession, possession for sale, sale, or transportation of drugs and are looking at many years in prison, and the police never bothered to get their end of the story. Of course, you usually don't want clients talking to the police, especially ones that may be guilty.
However, sometimes having your attorney talk for you is the best of both worlds because you can get your version of events across without risking further prosecution. The attorney will know what to say and what not to say.
Consult with Our Drug Crime Lawyers
What I do is I have you come in, and we go over everything in the privacy of my office. Even if you don't hire me, the attorney-client privilege still protects everything, and we devise a game plan on how we will deal with your drug crime case.
The game plan is not going to be based on willy-nilly stuff; it's going to be based on my experience of having handled thousands of these cases over the last twenty-five years, won them, negotiated them, and seen what it takes to get the results to preserve someone's rights, record, freedom, and reputation.
In the State of California, depending on the type of drug crime you are accused of, you may face misdemeanor or felony charges.
Some of the drugs that are illegal and are considered to be a controlled substance or narcotic by the United States government include cocaine, marijuana, LSD, ecstasy (MDMA), methamphetamine (speed), heroin, PCP, and morphine. Also, in some instances, drug crimes may even involve legal or illegal prescription drugs.
A drug crime is a grave offense and can have dire consequences if you are convicted. You could face anywhere from up to a year in jail to a lifetime behind bars, including fines, probation, community service, counseling, and parole.
Hiring a criminal defense attorney may allow you to avoid the severe penalties that can be imposed and allow for the possibility of alternative sentencing set forth by California Penalty Code 1000 and Proposition 36. You may be able to get your charges dismissed with no conviction.
Our lawyers have established outstanding relationships with law officials over the years, which is beneficial when developing defense strategies for your case.
Did your drug arrest involve being under the influence while driving? This can seriously affect your driving privileges, ability to obtain work, and long-term insurance rate increases. In the state of California, driving under the influence of drugs is punishable under the same laws as alcohol and is prosecuted as a DUI charge.
Felony and Misdemeanor Defense
Often, when imposing penalties for a drug crime case, a judge will look at whether or not your drug crime involves children, whether you have prior offenses, and whether any other misdemeanor or felony crimes were committed. If these apply, you can expect to receive enhancement penalties when your sentence is received.
An enhancement penalty is a harsher penalty for your actions and can add time to your sentence.
In making drug busts, officers generally violate search and seizure laws, set up the suspects violating entrapment laws, rely on false tips from informants, mislead judges to obtain search warrants, and arrest people without having sufficient evidence.
At the Hedding Law Firm, we can explain to you what you should expect for your drug crime accusation, and we can also provide you with answers to any questions that you may have. In many cases that involve a drug crime, we have been able to have sentences reduced or charges dropped entirely.
A drug crime is a grave offense and can have dire consequences if you are convicted. You could face anywhere from up to a year in jail to a lifetime behind bars, including fines, probation, community service, counseling, and parole.
Hiring a criminal defense attorney may allow you to avoid the severe penalties that can be imposed and allow for the possibility of alternative sentencing set forth by California Penalty Code 1000 and Proposition 36.Please get in touch with us today to speak to a knowledgeable lawyer and determine the next step in protecting your rights and future.
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