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 619-583-0350 immediately.
Throughout our many years of practice, we have handled drug crimes involving:
Medical Marijuana:
Marijuana for medicinal purposes was previously investigated by the DEA and prosecuted by the Federal Government. However, in 14 states including California, it was discretionary with the local District Attorney as to whether they too would enforce the Federal laws. In 1996, California voters legalized medical marijuana, and cities and counties then began to take different approaches to regulating dispensaries, collectives and users.
Now, the US Justice Department has issued new guidelines having decided they need to prioritize their resources. Hence, the Federal Government will no longer be targeting sellers and legal users of Marijuana. This does not change the fact it continues to be illegal to profit from the sale, distribution &/or possession of marijuana.
Anyone using marijuana for medicinal purposes must have a "recommendation from a physician" (similar to a prescription), which means the physician must conduct a good faith examination, take an adequate history, establish a diagnosis and determine the medical justification for the use of marijuana. These are some of the criteria the California Medical Board requires in its enforcement of the professional licensing laws relating to physicians.
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, Possession with Intent to Sell, Possession 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 partof 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.
Asset forfeiture
This the seizure of money and/or personal assets the Government claims was obtained through illegal means. In order for the Government to prevail in an asset forfeiture case, they must prove the money or property is "the product of a drug crime." Some asset forfeiture investigations &/or charges are brought in the context of organized crime cases, including FEDERAL RICO violations . At Spital and Associates, we will advance your interests, assert your rights, and protect you and your family against asset forfeiture. Be secure in your person, your family and your home. Call us 24/7 if you or a loved one is being investigated, charged with or seek to appeal a conviction of any drug offense. We provide a Free Consultation.
Many drug offenses are federal crimes because they have been made illegal by the federal government. For example, the defendant may have crossed over a state boundary or border &/or into and from another country (Mexico or Canada). If you are investigated or charged with a federal drug crime in San Diego, these are very serious cases and you need an experienced Federal Criminal Defense Attorney from Spital and Associates. While the US Attorney will be using investigators from the Federal Bureau of Investigation (FBI) and the Drug Enforcement Agency (DEA), often in conjunction with local &/or state law enforcement agencies, we have our own former FBI Special Agent available to assist in developing your defense.
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.
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.
We frequently work seven days a week, also as a team and often with two experienced lawyers to develop a defense and to level the playing field. One of the team attorneys, who has been named Super Lawyer two years in a row, has more than 20 years experience and is a Former Deputy Attorney General as is the Managing Attorrney Sam Spital. We also have a Former FBI Special Agent available as an investigator, as well as forensic experts (including a neuropsychologist and a criminologist). All of this is intended to provide our clients with skilled San Diego Drug Crime Attorneys they deserve.
If you are convicted of a drug crime in San Diego, there are many possibilities, as follows:
First Offense: Not less than 5 yrs, and not more than 40 yrs. If death or serious injury, not less than 20 or more than life. Fine of not more than $2 million if an individual, $5 million if not an individual
Second Offense: Not less than 10 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $4 million if an individual, $10 million if not an individual 100 gm or more pure or 1 kg or more mixture
Cocaine (Schedule II) 500 - 4999 gms mixture 5 kgs or more mixture
Cocaine Base (Schedule II) 5-49 gms mixture 50 gms or more mixture
Fentanyl (Schedule II) 40 - 399 gms mixture 400 gms or more mixture
Fentanyl Analogue (Schedule I) 10 - 99 gms mixture 100 gms or more mixture
Heroin (Schedule I) 100 - 999 gms mixture 1 kg or more mixture
LSD (Schedule I) 1 - 9 gms mixture 10 gms or more mixture
Methamphetamine (Schedule II) 5 - 49 gms pure or 50 - 499 gms mixture 50 gms or more pure or 500 gms or more mixture
PCP ( Schedule II) 10 - 99 gms pure or 100 - 999 gms mixture
At Spital and Associates, we have become experts in strategizing in order that our clients receive sentences substantially below the mandatory minimum penaltiess . If another attorney has told you or your loved one that he or she must serve three years, five or ten years or even life in prison, do not give up.! In many of our cases we have been able to achieve sentences much lower than the minimum sentence.
We perform the necessary and painstaking research and analysis to focus on our client's defenses, mitigating facts, as well as the weaknesses, errors and omissions in the law enforcement's case. We insure that the Court sees the accused as a person, not as a criminal defendant or just as another case. Don't wait until it is too late and you or your loved one has already been sentenced.
Call Spital and Associates and speak with the Managing Attorney Sam Spital 24/7; we will provide a Free Consultation with one of our Senior Criminal Attorneys, including a Senior Associate who is a Certified Criminal Specialist and is among the most successful and highest rated lawyers in the field.
First Offense: Not less than 10 yrs, and not more than life. If death or serious injury, not less than 20 or more than life. Fine of not more than $4 million if an individual, $10 million if not an individual.
Second Offense: Not less than 20 yrs, and not more than life. If death or serious injury, life imprisonment. Fine of not more than $8 million if an individual, $20 million if not an individual.
2 or More Prior Offenses: Life imprisonment
Cocaine (Schedule II) 5 kgs or more mixture
Cocaine Base (Schedule II) 50 gms or more mixture
Fentanyl (Schedule II) 400 gms or more mixture
Fentanyl Analogue (Schedule I) 100 gms or more mixture
Heroin (Schedule I) 1kg or more mixture
LSD (Schedule I) 10 gms or more mixture
Methamphetamine (Schedule II) 50 gms or more pure or 500 gms or more mixture
PCP ( Schedule II) 100 gms or more pure or 1 kg mixture
Penalties for Other Schedule I & II drugs (and any drug product containing Gamma Hydroxybutyric Acid) Any amount Flunitrazepam (Schedule IV) 1 gm or more
First Offense: Not more that 20 yrs. If death or serious injury, not less than 20 yrs, or more than Life. Fine $1 million if an individual, $5 million if not an individual.
Second Offense: Not more than 30 yrs. If death or serious injury, not less than life. Fine $2 million if an individual, $10 million if not an individual
Other Schedule III drugs Any amount. Flunitrazepam (Schedule IV)
First Offense: Not more than 5 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Other Schedule III drugs Any amount. Flunitrazepam (Schedule IV) 30 to 999 mgs
Second Offense: Not more 10 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual
All other Schedule IV drugs Any amount Flunitrazepam (Schedule IV) Less than 30 mgs
First Offense: Not more than 3 years. Fine not more than $250,000 if an individual, $1 million if not an individual.
Second Offense: Not more than 6 yrs. Fine not more than $500,000 if an individual, $2 million if not an individual.
All Schedule V drugs Any amount
First Offense: Not more than 1 yr. Fine not more than $100,000 if an individual, $250,000 if not an individual.
Second Offense: Not more than 2 yrs. Fine not more than $200,000 if an individual, $500,000 if not an individual.
At Spital and Associates, we have become experts in strategizing in order that our clients receive sentences substantially below the mandatory minimum penaltiess . If another attorney has told you or your loved one that he or she must serve three years, five or ten years or even life in prison, do not give up.! In many of our cases we have been able to achieve sentences much lower than the minimum sentence.
We perform the necessary and painstaking research and analysis to focus on our client's defenses, mitigating facts, as well as the weaknesses, errors and omissions in the law enforcement's case. We insure that the Court sees the accused as a person, not as a criminal defendant or just as another case. Don't wait until it is too late and you or your loved one has already been sentenced.
Call Spital and Associates and speak with the Managing Attorney Sam Spital 24/7; we will provide a Free Consultation with one of our Senior Criminal Attorneys, including a Senior Associate who is a Certified Criminal Specialist and is among the most successful and highest rated lawyers in the field.
Marijuana 1,000 kg or more mixture or 1,000 or more plants
First Offense: Not less than 10 years, not more than life. If death or serious injury, not less than 20 years, not more than life. Fine not more than $4 million if an individual, $10 million if other than an individual.
Second Offense: Not less than 20 years, not more than life.If death or serious injury, mandatory life. Fine not more than $8 million if an individual, $20 million if other than an individual.
Marijuana -- 100 kg to 999 kg mixture; or 100 to 999 plants
First Offense: Not less than 5 years, not more than 40 years. If death or serous injury, not less than 20 years, not more than life. Fine not more than $2 million if an individual, $5 million if other than an individual
Second Offense: Not less than 10 years, not more than life. If death or serious injury, mandatory life. Fine not more than $4 million if an individual, $10 million if other than an individual.
Marijuana -- more than 10 kgs Hashish or 50 to 99 kg mixture or more than 1 kg of Hashish Oil or 50 to 99 plants
First Offense: Not more than 20 years. If death or serious injury, not less than 20 years, not more than life. Fine $1 million if an individual, $5 million if other than an individual.
Second Offense: Not more than 30 years If death or seroius injury, mandatory life Fine $2 million if an individual, $10 million if other than individual
Marijuana -- 1 to 49 plants or less than 50 kg mixture or Hashish 10 kg or less pr Hashish Oil 1 kg or less
First Offense: Not more than 5 years. Fine not more than $250,000, $1 million other than individual
Second Offense: Not more than 10 years. Fine $500,000 if an individual, $2 million if other than individual
At Spital and Associates, we have become experts in strategizing in order that our clients receive sentences substantially below the mandatory minimum penaltiess . If another attorney has told you or your loved one that he or she must serve three years, five or ten years or even life in prison, do not give up.! In many of our cases we have been able to achieve sentences much lower than the minimum sentence.
We perform the necessary and painstaking research and analysis to focus on our client's defenses, mitigating facts, as well as the weaknesses, errors and omissions in the law enforcement's case. We insure that the Court sees the accused as a person, not as a criminal defendant or just as another case. Don't wait until it is too late and you or your loved one has already been sentenced.
Call Spital and Associates and speak with the Managing Attorney Sam Spital 24/7; we will provide a Free Consultation with one of our Senior Criminal Attorneys, including a Senior Associate who is a Certified Criminal Specialist and is among the most successful and highest rated lawyers in the field.
When it comes to drug cases, the San Diego Drug Defense Attorneys at Sam Spital and Associates advocate for our clients 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.
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).
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.
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."
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.
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 potentialfor abuse, limited dependency, and accepted medical uses, include drugs with small amounts of codeine or other narcotics in them.
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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 619-583-0350 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
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
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