Heroin Laws in California
The possession of heroin in Los Angeles County is treated very seriously by police officers, prosecutors and judges alike. The reason that this particular job is so offensive to law enforcement and other authorities is because of its serious addictive nature. Unfortunately, a person will do almost anything when they need heroin – and that includes committing other more serious crimes using weapons. Also, those people who sell heroin are usually involved in some other sort of criminal activity and it basically is a morality issue as well for the prosecutors and judges, as far as people in the community using this type of a horrible drug that has such a bad addictive nature and basically ruins lives.
If you or a loved one is charged with possession of heroin, then your best bet is to get in front of a criminal defense attorney who has been doing this a long time. I've been handling these type of cases for the past twenty-five years. What we really need to do is come up with a game plan – come up with a solution to show the judge and prosecutor that you're going to get help for this particular offense.
If we can do that then we're in a position to set it up so that your record can remain protected and that you're in a position where you don't end up ruining your life because of a charge like this.
I have an array of different drug programs and drug counselors that we use – whether it be live-in or out-patient and a number of different strategies that can be utilized in the court having done these cases for a long time – so these possession of heroin cases don't end up ruining somebody's life – both from a standpoint of drug addiction and from a standpoint of putting a criminal record on you that you simply cannot get off.
How Do You Handle A Possession Or Sale Of Heroin Case?
When it comes to sales of heroin or possession for sales, the Health & Safety Code Sections that are used by law enforcement are Health & Safety Code Section 11350, 11378, 11351.5. There are a number of different Code sections that can be utilized when it comes to the sale or possession for sale of heroin. Whenever somebody is charged with this, that particular person is looking at a lengthy prison sentence and is definitely going to need the help of a good criminal defense attorney.
Sometimes there are different angles that can be taken in order to avoid a prison sentence, get a probationary sentence and hopefully preserve the person's record for the future. It really just depends on the facts and circumstances of the case. That's why I have you come in. We sit down, we go over everything – we talk about you, your life, your family and your career and the reason that you find yourself in this position where you're forced to defend a heroin related offense.
One big defense obviously, is that the police illegally stopped you or searched you and violated your Fourth Amendment rights to the Constitution. If that defense is successful, then a lot of times we are able to get whatever evidence they found, namely the heroin suppressed. Meaning, it can't be used against you in a criminal case. Without the drugs, 9 out of 10 times the prosecutors no longer have a criminal case against you and they have to dismiss everything.
So, when it comes to the defenses in heroin cases, they are really fact-driven. Meaning, whatever the facts are, will dictate what type of defenses might be available to you, what you might be able to do to defend yourself and what you might be able to do to get the case dismissed.
But, without a great criminal defense attorney by your side who has defended heroin-related offenses over the course of many years, been in front of all the judges in LA County, handled cases in front of the DA's and the courts where your case is going to be pending – you're not going to be in as strong a position as you would be if you were to try to handle the case yourself or use some other attorney who does not have the know-how and the experience as it relates to heroin-related offenses.
What Resolutions Can Be Worked Out With Heroin-Related Offense?
One big resolution we work out a lot of times is to get some sort of diversionary or drug program where the person either the case is put-over for a period of time and after that period of time, if a person has successfully completed a drug program, then that particular person is given the opportunity to have their entire case dismissed so their record is unblemished.
Another strategy is the person pleads guilty of the crime, but they're not sentenced, so they're not actually convicted of anything and, if after a year passes and they haven't had any problems, then their case is either reduced to a misdemeanor or dismissed outright. You can't just say in every case, this is what we're going to do. It depends on the circumstances. It depends on the person. It depends on their criminal record. It depends on what their charges were? It depends on how strong the case was against them? It depends on exactly what they found?
Things that can exacerbate or cause a problem with a heroin case relate to if you're possessing it and selling it. Those are the people that the prosecutors and police are looking to punish seriously. If you have a gun in association with a heroin-related offense you're looking at prison time. If you threaten somebody related to a heroin case you're looking at prison time.
So, the crucial thing is really the facts and circumstances of your case, how good your criminal defense attorney is and what type of things they can come up with that makes sense as it relates to your case and what you can do to best defend yourself and end up with the best resolution that gets you out of the criminal justice system as fast as possible.
What I like to have you do is come, sit down, we go over everything. You give me the honest truth and details about what happened, and then I'm going to tell you what you can do to help me best represent you, what I'm going to do to make sure you get the bet resolution, and then we set about with the plan – the plan for success to get you out of the criminal justice system as fast as possible and that puts you in a position to live a normal life without being haunted by a criminal record.
Contact a Possession of Heroin Attorney
Have you been charged with the felony possession of heroin? If so, our drug defense lawyers can and will help you. Since heroin has no medical purpose whatsoever, possession of it will always result in a felony. An experienced Possession of Heroin Attorney in Los Angeles CA can have this felony charge dismissed.
Heroin is a schedule I drug. It is illegal to possess, sell, or distribute heroin. Violations of these laws result in imprisonment and heavy fines.In Federal Court, first time possession can result in up to one year in prison and $5000 fine. A second-time possession can result in two years in prison and a $10,000 fine. Make sure to contact a Possession of Heroin Attorney in North Hollywood CA if you are facing such a charge.
If you are convicted of possession of heroin in California State Court, you face a felony, punishable by 16 months or 2-3 years in the California state prison and a maximum $20,000 fine. Only an experienced and qualified Possession of Heroin Defense Attorney in California can get you out of trouble.
Our Los Angeles drug crime attorneys are here to do everything we can to prevent such penalties. We thoroughly investigate and contest all the evidence presented against you. Our Los Angeles Possession of Heroin Lawyers are experienced and qualified to take on such cases. We assert any and all applicable defenses on your behalf and fight for you aggressively and persistently.
Our drug defense attorneys have the knowledge, skill ,and experience to competently help you if you are facing heroin-related charges. Prison sentences vary according to circumstances such as purpose, amount, and priors. We guarantee to do everything we can to get you the best possible results.