A conviction for a drug crime in Los Angeles can result in severe penalties, including a lengthy prison sentence and a hefty court fine. Other severe consequences follow, including a criminal record and enhanced penalties in cases involving aggravating factors. Even a simple drug charge can result in life-changing penalties. However, a qualified criminal attorney can help mount a defense to achieve a favorable result.
We have extensive experience handling all kinds of drug crimes at Leah Legal Criminal Defense Attorney. We can help you with the complex legal process, discuss your defense options, and represent your best interests in all court proceedings. We can use the best defense strategies to convince the court to dismiss or reduce your charges.
An Overview of Drug Crimes Under California Law
Drug crimes are all violations against laws regarding controlled substances under the Controlled Substances Act. Controlled substances are dangerous drugs and substances that have a high potential for addiction and abuse, but may have some medicinal value. The law regulates their use and distribution to ensure that only people with a proper license and prescription have access to the drugs. You can be charged with simple possession of a controlled substance if you have enough for personal consumption but do not have a prescription to obtain it. You can be charged with sale, distribution, or trafficking of drugs if you do not have proper authorization to conduct business with a controlled substance.
Some drug crimes are misdemeanors, others are wobbler offenses, and others are straight felonies. Criminal courts issue sentences after conviction, based on a defendant’s criminal history and the details of their case. Simple misdemeanors are punishable by up to 1 year in jail. You can qualify for a drug diversion program, whereby you undergo training and rehabilitation. If you complete the program as required, the judge dismisses all charges against you. However, a severe drug-related felony can result in life in prison.
Having a competent attorney by your side after an arrest for a drug crime is helpful. They will review your case to explain its severity and possible penalties, discuss your options, and plan your defense. Your attorney will also protect your rights from violation and fight or negotiate for the best possible outcome in your case.
Simple Possession of a Controlled Substance
The unlawful possession of a controlled substance is a misdemeanor crime under HS 11350. The law specifically prohibits illegal possession of a controlled substance without a legal prescription. It is a simple misdemeanor because the amount in your possession is just enough for personal consumption.
Possible penalties upon conviction for this offense include a maximum of 1 year in jail and a $1,000 fine. The judge can sentence you to probation instead of jail. However, they can send you to a drug diversion program before the trial to allow you time to undergo drug treatment or rehabilitation. If you complete the program, your case is dismissed. However, if you fail to complete the program, the judge will continue your case from where they left off.
Here are the facts of the crime, which constitute the legal definition of simple possession of a controlled substance:
- The police found you in possession of a controlled substance
- You did not have proper authorization, like a prescription, to obtain that substance
- You were aware that the substance was in your person or property
- You knew or should have known that the substance was illegal (knowing the actual nature of the substance is not necessary)
- The amount of the substance was usable
Being in possession of a controlled substance means that you were in control of the substance. There are three types of possession for this law:
- Actual possession of a substance, whereby you have the substance in your hands, bag, or clothing
- Constructive passion whereby you are in control over the substances, but they are in another location, like your house, vehicle, or a locker.
- Joint possession whereby you and another person or people are in control over the substances
Note: HS 11350 does not cover all controlled substances. Illegal possession of marijuana and other stimulants for personal use is prohibited under HS 11357. Simple possession of methamphetamine without a prescription is covered under HS 11377. However, the elements, which the prosecutor must prove for you to get a guilty verdict, are the same in all these statutes.
Possession for Sale of a Controlled Substance
The illegal possession for sale of a controlled substance is more severe than simple possession. This is because the amount of drugs in your possession is more, and there is a criminal intent to sell or distribute the substances without a valid license. According to HS 11351, possession of drugs for sale happens when the police arrest you with more of the substances than you need for personal consumption, and there is evidence of your intent to sell. This law covers most controlled substances, including street drugs like heroin and cocaine, hallucinogens like ecstasy, GHB, and peyote and LSD, and other prescription drugs like OxyContin or OxyCodone, Codeine, and Hydrocodone.
This is a felony offense, which makes you ineligible for drug diversion. A conviction for possession with intent to sell can result in two, three, or four years in prison and fines of up to $20,000. The judge may sentence you to felony probation for five years after serving a mandatory minimum sentence. They will put you under the supervision of a probation officer, who will ensure that you abide by all probation conditions.
If you have a prior conviction for this or any other felony drug crime, or the drugs in your possession were cocaine or heroin in large amounts, you are subject to a sentencing enhancement. This means the judge may increase your sentence by three to 30 years in prison, depending on the details of your case and your criminal history. Your fines could also increase to up to $8 million.
However, a conviction will only happen if the prosecutor can prove the following elements beyond a reasonable doubt:
- You were in actual, constructive, or joint possession of a controlled substance
- You had enough of the substance for sale or distribution (more than one person needs for consumption)
- You knew that the said substance was in your possession
- You also knew of the substance’s nature as a controlled drug
- You obtained the drugs with the intent to sell or distribute
Transportation or Sale of a Controlled Substance
According to HS 11352, illegal sale or transportation of a controlled substance happens when you knowingly and criminally move a usable quantity of a controlled substance for its eventual distribution or sale. This is a felony offense. The distance you move the substances does not have to be significant. What matters is that you moved them from one location or position to another, with the intent to sell. You also need to know of the drug’s nature as an illegal substance, and its presence.
Here are the elements of this crime, which make up its legal definition:
- You sold, administered, furnished, or gave away a regulated drug, or
- You imported a controlled substance into California or transported it from one location to another
- You were aware that the controlled substances were in your possession
- You knew of their nature as controlled substances
- You intended to sell, or cause another person to sell, the drugs
- You were in possession of more of the controlled substances than you needed for personal consumption
Remember that transporting a controlled substance means moving it from one location to another, however slight. The means of transport used do not matter. You could have used a bus, a boat, a skateboard, a bicycle, a truck, a taxi, or walked. Also, you do not actually have to possess drugs to distribute or sell them. You can distribute or sell drugs that are in another location. What matters is that you are in control of the drugs.
A conviction under HS is punishable by 3, 4, or 5 years in prison. However, if you transport drugs across two or multiple county lines within California, your sentence increases to three, six, or nine years in prison.
If the said substance was a serious drug like cocaine, cocaine base, or heroin, the judge can enhance your prison sentence by one year. Generally, sentencing enhancement laws apply if you transport more than one kilogram of Cocaine, cocaine base, or heroin. In that case, the judge will use the following sentencing enhancement guidelines to increase your penalties:
- An additional three years if the substance weighs more than one kilogram
- An additional five years if the substance’s weight is more than four kilograms
- An additional ten years if you transport more than 10 kilograms of the drugs
- An additional fifteen years if there are more than twenty kilograms of the drugs
- An additional twenty years if there are more than forty kilograms of the drugs, and
- An additional twenty-five years for drugs over eighty kilograms
The enhanced sentence must be served consecutively with the sentence you receive for the underlying offense.
If you conduct the business within 1000 feet of a drug-free zone, like a homeless shelter, drug treatment center, or detox facility, your prison sentence will increase by one year.
If you have a prior conviction for a serious drug-related felony, the judge can increase your sentence by up to three years.
The Illegal Possession of Drug Paraphernalia
According to HS 11364, drug paraphernalia refers to any product, equipment, or material that is mainly used for the manufacturing, sale, consumption, or concealing of drugs. Standard drug paraphernalia include pipes, roach clips, bongs, syringes, and miniature spoons. It is a misdemeanor to possess an item believed to be used in the furtherance of a drug crime.
This offense is punishable by up to 6 months in jail and a fine of up to $1,000. It can also affect your professional license, especially if you hold a teaching, healthcare, or legal professional license.
However, the prosecutor must prove the following elements for the court to find you guilty:
- You were in possession of or had control over a particular drug paraphernalia
- You were aware of the paraphernalia’s presence
- You knew of it as drug paraphernalia, and its use for the furtherance of a drug-related crime
Note: generally, prosecutors do not charge you under HS 11364 if they find you in possession of drug paraphernalia associated with the sale or manufacture of a controlled substance. Instead, they charge you with the actual crime, especially if they have sufficient evidence to prove all the elements of the crime. Examples of such items include:
- Scales, or balances, for weighing or measuring drugs
- Spoons, bowls, blenders, and other devices used for mixing compounds when manufacturing drugs
- Balloons, capsules, or containers used in sealing or packaging controlled substances
Prosecutors tend to file more severe charges, based on the evidence collected by the arresting or investigating officers.
Being Under the Influence of a Controlled Substance
You can face charges under HS 11550 for being under the influence of a controlled substance. An exemption to this law is if you have a valid prescription to obtain the said controlled substance. Otherwise, the prosecutor will file misdemeanor charges against you, punishable by up to a year in jail and $ 1,000 in fines.
The judge can dismiss your charges before a trial if you complete a drug diversion program. They can also sentence you to two years of probation instead of jail if your case goes to trial and you are convicted.
What a Criminal Defense Attorney Can Do For You
Drug crimes are treated very seriously in California. You can be given the most severe sentence upon conviction, which includes stringent penalties and life-changing consequences. However, you could experience greater leniency and navigate court proceedings more easily if you hire a skilled attorney at the outset of the legal process. There is a lot an attorney can do to influence the outcome of your case, including the following:
Protecting Your Constitutional Rights
Your civil rights must not be violated, regardless of the severity of drug charges you face. Sadly, the police do not always respect your rights, and can quickly violate them to get a confession or evidence to support your charges. An attorney will ensure you understand your civil rights and will do their best to protect you. For example, they will advise you to remain quiet or answer police questions on your behalf to protect you from incriminating yourself. They will also ensure your right to a speedy trial is granted.
An attorney will ensure that your arrest or police search and seizure is conducted legally. The police must have a valid arrest or search warrant, without which your attorney will fight the arrest or search.
Generally, a skilled attorney will ensure that proper procedures are followed during arrest and investigation. This will ensure you are treated well and your case is handled legally, regardless of the charges you face.
Investigating the Case and Building a Defense
When the police arrest you on suspicion of engaging in controlled substances, they will investigate to gather enough evidence, which the prosecutor will use to obtain a conviction. A skilled attorney will conduct an independent investigation to find evidence to counter the prosecutor’s case. They will go through the police report and beyond, to understand the circumstances of your arrest and the authenticity of the evidence against you. They can use expert witnesses and forensic scientists to contest evidence, including lab results.
Once they have sufficient evidence, your attorney can use valid defense techniques to fight your charges in court. Some of the defense techniques that may work in your case include the following:
- You were Not in Possession of the Substances
Your attorney can use this defense to counter the claim that you were in actual, constructive, or joint possession of a controlled substance. This defense may work if you did not have control over the drugs. It can work even if the drugs were found in your clothing, bag, house, or vehicle. If you live in a shared space, or someone else has access to your home or vehicle, your attorney can successfully counter the prosecutor’s case and convince the court to dismiss the charges.
- You Were Unaware of the Drugs
Remember that the prosecutor bears the burden of proof in drug-related cases. They must prove all elements of a crime beyond a reasonable doubt. This includes confirming that you knew of the drug’s presence and nature as a controlled substance. If you lack this knowledge, the court will dismiss your charges.
Although proving what a person knows or does not know is challenging, the prosecutor can rely on circumstantial evidence to establish knowledge. For example, they may argue that you tried to conceal the drugs, or you ran away from the police when they discovered the drugs. In the absence of such circumstantial evidence, your attorney can argue that you did not have the required knowledge.
- You Are a Victim of Police Entrapment
This defense technique can help if you only committed the crime because the police coerced or tricked you into it. Sometimes, the police use tricks or persuasion if they suspect a person of being involved in drug crimes to arrest the person in the act of a crime. This mainly happens during drug operations, where police officers go undercover to interact with people involved in the purchase, sale, or distribution of drugs.
If you only committed the crime because of police actions, your attorney can use this defense strategy. However, they must prove that you did not have any intention to purchase, sell, or distribute drugs.
- You Have Legal Authorization to Obtain or Sell Drugs
Your attorney can use this strategy if you have a valid prescription to obtain the drugs found in your possession or a license to deal in drugs. The prescription or license must be specific to the nature and quantity of drugs the police found for the court to dismiss your charges.
Negotiate with the Prosecutor
Having an attorney early in the legal process may be very beneficial. This is because they can negotiate with the prosecutor for a favorable outcome even before your case goes to trial. For example, your attorney can determine your eligibility for drug diversion or a plea deal that could benefit you. They can raise it with the prosecutor in good time. If you are eligible for drug diversion, you could avoid persecution if you complete the program as required. A plea deal will result in fewer penalties than you would receive for the underlying drug crime.
Presenting You in Court
A criminal defense attorney is your legal representative in court. They will be your advocate, ensuring that your rights are respected and your best interests are considered in all court proceedings. They will also speak on your behalf and ensure that your case is heard and determined reasonably. This offers several short- and long-term benefits.
For example, your attorney can introduce mitigating factors during sentencing to avoid a harsh sentence, regardless of the evidence against you. They can present compelling arguments, present evidence in your favor, and cross-examine the prosecution to influence the court’s final ruling.
Note: You can hire a private attorney or accept the help of a public defender. A private defender will dedicate more of their time and skills to your case and give you personalized attention. They will also dedicate all available resources to ensure a favorable result. If you are unsatisfied with the case’s outcome, your attorney will quickly file an appeal and prepare well for it.
Find Remarkable Criminal Defense Services Near Me
If you or someone you love is facing drug charges in Los Angeles, a competent attorney can help. They will ensure you understand the implications of your charges, possible penalties, and the best defense strategies for a favorable result. An attorney will also protect your rights and help you navigate all legal processes.
At Leah Legal Criminal Defense Attorney, we have the skills and experience you need for a seamless process and a favorable outcome. We will use our best techniques to fight your charges and convince the judge to reduce or dismiss your charges. Call us at 213-444-7818 to learn more about us.
