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| Mitigating Factors | Consequences Of A Crime |
| Checklist: Have My Rights Been Violated? | Drug Defenses |
| Drug Sentencing Alternatives | Proposition 36 |
| Diversion | Drug Court |
HISTORY: The medical value of narcotics has been known since ancient times. Drugs have been used drugs 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.
The most severe 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 drugs are 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. 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 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. 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.
Drug offenses range from simple possession, to participation in an ongoing criminal enterprise, to manufacture and distribution of drugs. In San Diego, simple Possession of Drugs requires 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 offender, a maximum of two years in prison for a second-time offender, and a maximum of three years in prison for a third-time or higher offender. In addition, the Guidelines propose that a sentence for possession of more than five grams of crack cocaine is increased to a minimum of five years in prison, even for first offenders. There may also be a fine imposed.
Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties in San Diego County. As experienced San Diego Drug Defense Lawyers, we marginalize the prosecution case bu emphasizing the nature and variety of 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 possessing 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 forty years.
Three crimes, distributing controlled substances to persons under twenty-one years of age, distributing controlled substances near a school, and using persons under age eighteen 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 felony drug violation as part of a continuing enterprise with five or more individuals from which substantial income is obtained. Its penalty can be twenty years to life in prison, or even the death penalty if the 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 argue that conviction of simple possession, 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.
MITIGATING FACTORS:
Our role as your skilled, experienced and effective San Diego drug crime defense counsel is to present a persuasive defense as well as to establish all of the facts in mitigation, such as the following and, of course, more:
•· Actual or potential harm to the public;
•· Prior overall criminal record, if any;
•· Level of compliance with sentence and terms of probation;
•· Prior arrests of record;
•· Number and/or variety of current drug violations or drug charges (counts) in San Diego County;
•· Nature and severity of the San Diego drug offenses or drug crimes under consideration;
•· Rehabilitation and remorse;
•· Time passed since the underlying act and San Diego County drug offense;
•· The financial benefit to the defendant, if any;
•· Whether the conduct demonstrated cruelty;
•· Whether the defendant was suffering from a mental or physical condition that significantly reduced culpability for the drug charges;
•· Whether the defendant is ineligible for probation in San Diego;
•· Whether the defendant made restitution to the victim;
•· Whether the San Diego drug charges 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 used a weapon at the time of the commission of the drug crime in San Diego County;
•· The defendant 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;
•· The 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 was carried out does not indicate planning, sophistication, or professionalism;
•· The drug offense did not involve an attempted or actual taking or damage of great monetary value;
•· The drug crime did not involve a large quantity of contraband;
•· The defendant did not take advantage of a position of trust or confidence to commit the drug or San Diego criminal offense;
•· The defendant has not engaged in violent conduct which indicates a serious danger to society;
•· The defendant has not served a prior prison term; and,
•· The defendant was not on probation or parole when the San Diego crime was committed
CONSEQUENCES OF A CRIME
- County jail or state prison incarceration
- A permanent criminal record
- Significant fines
- Probation or Parole
- Mandatory AA or NA classes and treatment
- Losing your right to own a deadly weapon
- Unable to obtain &/or difficulty with employment
- Lifetime revocation of your California Driver's License
- 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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Drug crimes in San Diego involve a variety of illegal substances, including marijuana, methamphetamine, ecstasy, cocaine, heroin, ketamine and other popular drugs of choice. Punishment by the San Diego Superior Court Judges range in severity from misdemeanor possession to San Diego drug crimes with a life sentence. As your San Diego Drug Defense Attorneys at Spital and 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 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 Defense Attorneys at 619.583.0350 immediately. As your top Drug Defense Lawyers in San Diego, we have handled drug crimes involving:
- Cultivation
- Distribution
- Drug Possession
- Manufacturing
- Possession with Intent to Sell
- Trafficking
- Transportation and Importation
DRUG DEFENSES
The prosecution must prove beyond a reasonable doubt a variety of elements to win its case. We employ private investigators to assist in developing our defense. Some cases are inherently complex and the prosecution may not be able to prove you had "ownership" of the drugs, which means dominion and control. As highest rated San Diego Drug Defense Attorneys, we will argue that your presence in a vehicle, residence or 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 and its presence, plus there was a usable quantity of drugs. If there is a basis to argue the police had insufficient grounds to arrest &/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, 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 achieve sobriety and not punishment. If you have been arrested and charged with a drug-related offense, as your top San Diego 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 your personal and experienced 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 Drime Defense Lawyers in San Diego, we will obtan 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 Sa 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 investigated, arrested or facing Drug Charges in San Diego, we want to be your personal SAN DIEGO DRUG CRIME DEFENSE ATTORNEYS. Contact the managing attorney, Sam Spital, at 619.583.0350 or send an e-mail now so that we can help.
Samuel Spital & Associates
Main Offices
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Banker's Hill Associate's Office
Of Counsel - Russell Babcock, Esq.
1901 First Avenue, Suite 138
San Diego, Ca. 92101
Downtown Associate's Office
Of Counsel - Bill O'Connell, Esq.
110 West C Street, Suite 1300
San Diego, Ca. 92101-3978
Call 7 days a week at any hour or send an e-mail now.
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