San Diego Drug Charges - Possession or Sales

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Drug Charge Penalities	Possession of Drugs Charges
Defense Against Drug Charges	Mitigating Factors
Consequences of a Crime	Checklist: Have My Rights Been Violated?
Drug Defenses	Drug Sentencing Alternatives
Proposition 36	Diversion
Drug Court

Samuel Eugene Spital
San Diego Drug Defense Lawyers

Drug Charges in San Diego

The medical value of narcotics has been known since ancient times. Drugs have been used to treat illnesses or as part of religious rituals. When hypodermic needles were introduced in the mid-1800s, patients were originally encouraged to buy and treat themselves with a variety of powerful drugs. However, society's view of drug use changed and the first narcotics laws began to appear in the early 1900s. In 1970, the federal government passed the Drug Abuse Prevention and Control Act that codified federal drug law into a uniform system. The act classifies drugs into five categories, listed in schedules, and establishes regulatory requirements and penalties for the misuse of the drugs on each schedule. The act also allows the United States Attorney General to add drugs to the schedules, if necessary.

Drug Charge Penalties and Restrictions in San Diego

The most severe San Diego drug crime restrictions and penalties involve Schedule I and II drugs.

Schedule I drugs are those with a high potential for abuse, an absence of any medical use, and are dangerous to the user even under medical supervision. The most well known of these San Diego drug cases involve GHB, heroin, LSD, mescaline, marijuana, and peyote.
Schedule II drugs have a high potential for abuse, a high potential for severe psychological or physical dependency, but a currently accepted medical use. Schedule II drugs include opium, cocaine, methadone, amphetamines, and methamphetamines in San Diego Drug charge cases.
Schedule III drugs have less potential for abuse than Schedule II drugs, a potential for moderate psychological or physical dependency, and an accepted medical use. Schedule III drugs in San Diego drug cases include anabolic steroids, amphetamine and any product containing methamphetamine, codeine, and nalorphine, which is used to detect narcotic use.
Schedule IV drugs have less potential for abuse than Schedule III drugs, have a limited potential for dependency, and are accepted in medical treatment. In San Diego, these drugs include tranquilizers, meprobamate, chloral hydrate, most drugs that cause sleep, and sedatives. Schedule V drugs, which have a low potential for abuse, limited dependency, and accepted medical uses, include drugs with small amounts of codeine or other narcotics in them.

San Diego Drug offenses range from simple possession of narcotics or possession of drugs, to participation in an ongoing criminal enterprise, to manufacture of drugs, distribution of drugs and trafficking of drugs in San Diego.

Possession of Drugs Charges in San Diego

In San Diego, simple Possession of Drugs requires that the offender knowingly and intentionally possess a scheduled drug without a valid prescription. The government must prove the offender knew the drug was a controlled substance and had either actual possession of it, or other control over it, either alone or with another.

As your highest-rated San Diego Drug Defense Attorneys, we will fight for you to disprove the drug possession charges.

The Federal Court sentencing guidelines, which are now advisory, suggest a maximum of one year in prison for a first-time San Diego drug offense, a maximum of two years in prison for a second-time San Diego drug crime, and a maximum of three years in prison for a third-time or higher San Diego drug offense.

In addition, the Guidelines propose that a sentence for possession of more than five (5) grams of crack cocaine is increased to a minimum of five years in prison, even for first-time San Diego drug offenders. There may also be a fine imposed.

Manufacturing, delivering, trafficking and/or possession with intent to deliver a controlled substance are crimes with escalating penalties in San Diego County.

Defense Against Drug Charges in San Diego

As experienced San Diego Drug Defense Lawyers, we marginalize the prosecution case by emphasizing the nature and variety of the drug involved, the quantity of the drug and our client's prior record, if any.

For example, a first offender in San Diego County who is convicted of possession with intent to deliver 100 grams to five kilograms of heroin may receive a minimum sentence of five years in State Prison, and up to 40 years.

Three crimes, distributing controlled substances to persons under 21 years of age, distributing controlled substances near a school, and using persons under age 18 to violate drug laws, are penalty-enhancement crimes for which the sentence can double or triple what it would otherwise be for distributing that particular amount and type of drug.

The offense of continuing criminal enterprise is charged when the defendant commits a San Diego felony drug violation as part of a continuing enterprise with five or more individuals from which substantial income is obtained. Its penalty can be 20 years to life in prison, or even the death penalty if the San Diego drug offender intentionally kills another.

Most states have drug laws that mirror the federal laws. However, the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. As your San Diego Drug Defense Attorneys, we will present a powerful argument that conviction of simple possession of drugs, for example, should receive a sentence of drug treatment rather than County Jail time, and we will seek probation for our clients who are first-time offenders in even the more serious crimes if we cannot have the San Diego drug charges dismissed and/or reduced.

MITIGATING FACTORS

Our role as your skilled, experienced and effective San Diego Drug Crime Defense Attorneys is to present a persuasive defense as well as to establish all of the facts in mitigation, such as the following:

Actual or potential harm to the public because of the drug crime or San Diego narcotics charge;
Prior overall criminal record, if any for the San Diego drug crime or narcotics arrest;
Level of compliance with sentence and terms of probation in the San Diego drug case;
Prior arrests of record of the San Diego drug or narcotics defendant;
Number and/or variety of current drug violations or narcotics charges (counts) in San Diego County;
Nature and severity of the San Diego drug offenses or San Diego narcotics crimes under consideration;
Rehabilitation and remorse of the defendant charged with a San Diego drug crime;
Time passed since the underlying San Diego County drug offense or San Diego narcotics arrest;
The financial benefit to the defendant, if any from the San Diego drug or narcotics offense;
Whether the conduct of the defendant in the San Diego narcotics case demonstrated cruelty;
Whether the defendant in the San Diego drug charge was suffering from a mental or physical condition that significantly reduced culpability for the drug offense(s);
Whether the defendant charged with a drug crime or narcotics offense is ineligible for probation in San Diego;
Whether the defendant facing a drug or narcotics conviction made restitution to the victim;
Whether the San Diego drug charges or San Diego narcotics offense involved great violence, great bodily harm, threat of great bodily harm, or other acts disclosing a high degree of cruelty, viciousness &/or callousness;
The defendant was not armed with or did not use a weapon at the time of the commission of the drug crime or narcotics arrest in San Diego County;
The defendant in the San Diego narcotics arrest did not induce others to participate in the commission of the San Diego drug charges or occupied a position of leadership or dominance of other participants in its commission;
The defendant did not induce a minor to commit or assist in the commission of the drug crime or San Diego narcotics offense;
The San Diego drug crime defendant was not convicted of other crimes in San Diego County for which consecutive sentences could have been imposed but for which concurrent sentences are being imposed.
The manner in which the drug crime or narcotics charge was carried out in San Diego does not indicate planning, sophistication, or professionalism;
The San Diego drug offense or San Diego narcotics case did not involve an attempted or actual taking or damage of great monetary value;
The drug crime or narcotics offense in San Diego did not involve a large quantity of contraband;
The defendant did not take advantage of a position of trust or confidence to commit the San Diego drug crime or San Diego narcotics offense;
The defendant charged with a drug or narcotics offense has not engaged in violent conduct which indicates a serious danger to society;
The defendant being prosecuted for a criminal drug charge or San Diego narcotics arrest has not served a prior prison term; and,
The defendant facing a drug conviction was not on probation or parole when the San Diego narcotics crime was committed

CONSEQUENCES OF NARCOTICS OFFENSE or DRUG CHARGES

County jail or state prison incarceration for the drug crime or narcotics conviction
A permanent criminal record for the narcotics or drug conviction
Significant fines for the San Diego narcotics or drug conviction
Probation or Parole for the defendant in the San Diego drug crime or narcotics offense
Mandatory AA or NA classes and treatment for the San Diego narcotics conviction
Losing your right to own a deadly weapon as a result of the San Diego drug crime
Unable to obtain and/or difficulty with employment because of the San Diego narcotics case
Lifetime revocation of your California Driver's License due to the San Diego drug offense
Being subject to denial of a State Board license or having your professional license suspended or revoked (see http://www.spitalaw.com/ - Professional Licensing)

Checklist: Have My Rights Been Violated?

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Have My Rights Been Violated?

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Drug offenses in San Diego and narcotics crimes involve a variety of illegal substances, including marijuana, methamphetamine, ecstasy, cocaine, heroin, ketamine and other popular drugs of choice. Punishments by the San Diego Superior Court Judges range in severity from a misdemeanor for possession of narcotics or drugs to a life sentence for other San Diego drug and narcotics crimes.

As your San Diego Drug Defense Attorneys at Spital & Associates, we will seek DIVERSION, which allows our client to participate in a drug program to become clean and sober. Once you have completed the program, as your San Diego Narcotics and Drug Defense Lawyers, we can obtain a dismissal of the charges. If you or someone you know has been arrested or is under investigation for Possession of Drugs in San Diego County, Possession for Sale, Cultivation of drugs, Manufacturing, Trafficking, illegal transportation of drugs or any other drug crime, call the highest rated top San Diego Drug and Narcotics Defense Attorneys at 619.583.0350 immediately.

As your Highest Rated San Diego Drug Defense Lawyers, we have handled drug crimes involving:

Cultivation of marijuana in San Diego
Distribution of drugs, narcotics and/or controlled substances in San Diego
Possession of drugs, narcotics and/or controlled substances
Manufacturing drugs, narcotics and/or controlled substances in San Diego
Possession of drugs, narcotics and/or controlled substances with Intent to Sell
Trafficking in drugs, narcotics and/or controlled substances across the border from Mexico
Transportation and importation of drugs, narcotics and/or controlled substances from Mexico

DRUG CRIME AND NARCOTICS CASE DEFENSES

The prosecution must prove a variety of elements beyond a reasonable doubt to win a case for a San Diego drug charge or San Diego narcotics offense. We employ private investigators to assist in developing our defense. Some San Diego drug cases and San Diego narcotics arrests are inherently complex and the prosecution may not be able to prove you had "ownership" of the drugs, which means dominion and control.

As your highest rated San Diego Drug Defense Attorneys, we will argue that your presence in a vehicle, presence at a residence or the scene of the crime, in and of itself is not sufficient for the prosecution to prevail.

We will require the prosecution prove you had knowledge of the drug substance or narcotics and its presence, plus there was a usable quantity of narcotics or drugs.

If there is a basis to argue the police had insufficient grounds to arrest and/or lacked "probable cause," as your top San Diego Drug Defense Attorneys we will require the San Diego Superior Court suppress the evidence by filing a "1538.5" Motion under the Penal Code.

DRUG SENTENCING ALTERNATIVES

When it comes to San Diego drug crimes and San Diego narcotic offenses, we advocate for our clients that treatment is a more appropriate and effective method of resolving cases.

Hence, we seek to avoid a sentence to County Jail or state prison.

We work with several experts to help you achieve sobriety and not punishment. If you have been arrested and charged with a drug-related offense, as your top San Diego Narcotics and Drug Crime Defense Lawyers, we will develop the alternatives that include Proposition 36, Diversion, and Drug Court.

PROPOSITION 36

In November, 2000, the California legislature passed a law entitled the Substance Abuse and Crime Prevention Act (Proposition 36). Now, first- and second-time non-violent, simple drug possession offenders have the opportunity to receive substance abuse treatment instead of incarceration.

At the present time, possession for sale, trafficking, production or manufacturing controlled substances do NOT count as non-violent drug possession offenses, and therefore, "Prop 36" relief is not available.

When the San Diego Superior Court agrees to impose a Proposition 36 sentence, it requires treatment for up to one year, with an additional six months of "aftercare" treatment.

Rehabilitation may include inpatient and residential drug treatment, as well as outpatient treatment, a halfway house (sober living), and drug education classes.

DIVERSION

As personal and experienced San Diego Narcotics Lawyers and San Diego Drug Defense Attorneys, when we obtain diversion for our client, there will be a plea of guilty to the drug charge, but you are NOT sentenced. You must undergo the diversion program, which consists of a number of San Diego drug classes. Random drug testing is conducted, and if you have a "dirty" test you will likely be brought back to the San Diego Superior Court to face serious consequences.

Not everyone is eligible for diversion. However, if you qualify and successfully complete diversion, as your Drug Crime Defense Lawyers in San Diego, we will obtain a dismissal of your case and you will avoid a conviction on your record.

DRUG COURT

The San Diego Drug Court affords drug-addicted defendants a supervised treatment program. There are several drug programs in San Diego, which are separated into different phases. In this environment, you earn and therefore have more freedoms each time you successfully complete a phase.

Although the San Diego Drug Court may impose a period of incarceration in County Jail, as your San Diego Drug Court Attorneys, we will obtain dismissal of your case when the entire program is successfully completed.

If you are being investigated for, or have been arrested for and are facing drug charges in San Diego, we want to be your personal San Diego Drug Defense Attorneys. Contact the managing attorney, Sam Spital, at 619.583.0350 or send an e-mail now so that we can help.

Call 7 days a week at any hour or send an e-mail now.