WHAT IF I AM CHARGED WITH A DRUG CRIME?
Drug crime charges can arise from a variety of illegal substances, including marijuana, methamphetamine, ecstasy, cocaine, heroin, ketamine and other popular drugs of choice. Punishment ranges in severity from misdemeanor possession to drug crimes with a life sentence.
These crimes are prosecuted by the San Diego County District Attorney at the State of California level or by United States Attorneys in Federal District Court.
At Spital and Associates, we are your SAN DIEGO DRUG CRIME LAWYERS and will seek diversion, thus allowing our clients to participate in drug education programs to become clean and sober. Under the terms of most diversion programs, Once you have completed drug education or community service, we can obtain a dismissal of the charges. If you or someone you know has been arrested or are under investigation for possession of drugs, possession for sale, cultivation of drugs, manufacturing, trafficking, illegal transportation of drugs or any other drug crime, call your San Diego Drug Crime Defense Attorneys at Sam Spital and Associates at 619-664-4761 immediately.
Throughout our many years of practice, we have handled drug crimes involving:
- Cultivation
- Distribution
- Possession of Drugs
- Manufacturing
- Possession with intent to sell
- Trafficking
- Transportation and importation
Drug Crimes:
Drug offenses are prosecuted by the San Diego County District Attorney (California Superior Court cases) or the United States Attorney (Federal crimes in the United States District Court) and range from simple possession, to participation in an ongoing criminal enterprise, to manufacture and distribution of drugs. Simple possession 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. The federal 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. Call your Drug Defense Attorneys of San Diego at 619-583-0350.
Manufacturing, delivering, possessing with intent to deliver & trafficking in a controlled substance are all separate crimes with escalating penalties depending on the drug involved, the quantity of the drug and the offender's prior record. For example, a first offender convicted of possessing with intent to deliver 100 grams to five kilograms of heroin may face a minimum sentence of five years in 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 act. However, the penalties may be less harsh and more flexible under state sentencing schemes than under the federal sentencing guidelines. A conviction of simple possession, for example may receive a sentence of drug treatment rather than jail time, and probation may be available to first-time offenders for even the more serious crimes.
WHAT ARE SOME OF THE 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. Your presence in a vehicle, residence or scene of the crime, in and of itself is not sufficient for the prosecution to prevail. They must also 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, lacked "probable cause," we will require the Court suppress the evidence by filing a "1538.5" Motion under the Penal Code.
WHAT ARE THE DRUG SENTENCING ALTERNATIVES?
When it comes to drug cases, the San Diego Drug Defense Attorneys at Sam Spital and Associates advocate for ourclients that treatment is a more appropriate and effective method of resolving cases. Hence, we seek to avoid a sentence to 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, the alternatives include Proposition 36, Diversion, and Drug Court.
Deferred Entry of Judgment:
If our client is eligible for Deferred Entry of Judgment (DEJ) and is convicted of possession of drugs or a drug related offense, we will present a compelling case so that the Court will retain jurisdiction and not enter a final judgment. In other words, the judgment is withheld and not entered. The attorneys at Spital and Associates seek to persuade the court to postpone entry of judgment, possibly for 18 months, to allow our client to participate in and complete a drug rehabilitation program. During this period of time, our client will have to comply with the terms and conditions of probation, including the rehabilitation program(s).
PROPOSITION 36:
In November, 2000, the California Legislature passed a law entitled the Substance Abuse and Crime Prevention Act (Proposition 36). At that time, the public showed its concern that individuals who are addicted should not be sentenced to jail or prison because addiction is a disease in which treatment and not incarceration is required. 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 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:
When the San Diego Drug Diversion Lawyers at Sam Spital and Associates obtain diversion for our client, you enter a plea of guilty to the drug charge, but you are NOT sentenced to jail. You must undergo the diversion program, which consists of a number of classes. Random drug testing is conducted, and if you have a "dirty" test you will likely be brought back to court to face serious consequences. Not everyone is eligible for diversion. However, if you qualify and successfully complete diversion, your case is dismissed and you avoid a "conviction."
Drug Court:
The Drug Court affords drug-addicted defendants a supervised community treatment program. There are several drug programs, 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 Court may impose a period in County Jail, the case is dismissed when the entire program is successfully completed.
Drug Classifications:
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.
Checklist: Have My Rights Been Violated?
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If you are investigated, arrested or facing Drug Charges whether in the California Superior Court or United States District Court, we want to be your SAN DIEGO DRUG DEFENSE ATTORNEYS, contact us at 619-664-4761 or send an e-mail now so that we can help.
Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, Ca. 92108-1642
Telephone: 619-583-0350
E-mail
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