Los Angeles Drug Charges Lawyer
The War on Drugs continues even though more states are legalizing cannabis. The punishments for drug crimes are among the most severe in the legal system. You need an attorney that is aware of the numerous classes and rehabilitation courses available in lieu of jail or prison time.
Because Attorney Shaheen Manshoory and his associates have extensive knowledge with every possible program and class available, we provide mitigation packages and present those options to the judge, so that they may grant treatment instead of putting you in prison.
If the police have evidence that you had an illegal substance, it’s difficult to fight that physical evidence. Without the protection of a lawyer, you risk significant jail or prison time, and possibly heavy fines, depending on your exact situation. If you are charged with a drug crime, you must get a lawyer!
Drug Laws And Penalties in Los Angeles
At the state level, drug crimes fall into three broad categories:
- Drug Possession for Personal Use;
- Under the Influence of a Drug; or
- Possession of Drugs for Sale, Transportation or Manufacturing
The first two categories are normally misdemeanors that carry one year in the county jail and probation. The third is a felony. The rules for these can be found under Health and Safety Code.
California has been at the forefront of reducing penalties for drug crimes, but only marijuana has been made legal at the state level. Proposition 47, passed in 2014, reduced the penalties for the use and possession of many substances to time in county jails and not state prison. However, depending on the amount of the controlled substance you have and the exact controlled substance you could be at risk for felony charges.
Even at the misdemeanor level, the substance and the amount will determine what penalties the state will want to give you. Manshoory Law will advise you of what you are facing during your consultation.
Remember, if you are caught with a large amount of drugs or the police believe you want to sell drugs then your penalties will be much higher!
Drug Crime FAQ
What is considered possession for drug crimes?
Possession is often believed to mean that you have to be carrying the drug on you to be charged, but that’s not the only case. If a search reveals drugs in your car or in your home, you can also be charged with possession. However, one defense against possession crimes is if you do not own the home or vehicle involved. For instance, if you borrow a friend’s car and you’re pulled over and the police find drugs, you can fight those charges by proving the car wasn’t yours.
What about cannabis/marijuana?
Marijuana is legal in the state of California now, but there are still limitations on how much you can possess at any time. You can possess up to 8 grams of concentrated marijuana and up to 28.5 grams of regular marijuana. If you are caught with more than this then you are at risk for jail time and fines.
What are the defenses against drug crimes?
There are some common ways to defend against drug crimes. The first is medical necessity (assuming the drug marijuana or you have a prescription). If you have opiates and have a prescription from a doctor or can otherwise prove medical necessity, the rules for possession change.
Likewise, if the evidence for drug crimes was obtained via an illegal search, that evidence can be thrown out. There have been cases of the police using entrapment techniques or even planting drugs at crime scenes to get a conviction. Also, lab procedures used for detecting drug residues can be flawed or done improperly.
Difference In Drug Crimes
One of the big factors for which crime you’ll be charged with is whether or not they think your drugs are for personal use or for sale. Some of the factors that judges and prosecutors use to gauge whether the drugs found were for personal use or for sale include:
- Quantity of drugs
- Packaging of drugs; many similar sized packages or one package
- Empty packaging materials
- Scales or measuring devices
- Large amount of cash in small denominations
- The presence/absence of personal use paraphernalia
- Pay/owe sheets
- Pagers/ cell phones
Be advised that if the state thinks your purpose is selling or distributing drugs they will be much more vigorous in their prosecution. You could even expose yourself to Federal charges. However, if you only have a little then it’s much easier to get you out of jail and into a treatment program instead, especially if it is your first offense.
What We Can Do For You – 3 Things to Keep in Mind
- Your best shot at getting your drug case dismissed is to challenge the search or seizure of the drugs. This is done through a formal suppression motion to deny the admissibility of any “evidence” found in violation of your Fourth Amendment Rights.
- The Fourth Amendment governs every contact police have with a citizen. It protects citizens against unlawful search and seizure. Having an attorney that is knowledgeable of and understands all the rights the Fourth Amendment gives you, and all the limitations it places on the police, is crucial in successfully defending against improper search and or seizure of “evidence.”
- Also, having an attorney that knows the prosecution, judges, and officers is as important as knowing the law. Ideally, you want to choose an attorney that has practiced in front of those people that will make serious decisions on your case. Familiarity with the court and the people will undoubtedly put you in a much more favorable situation. That’s why we believe you should work with Manshoory Law Group. We have knowledge of the law and the courts system to mount a strong defense on your behalf.
If you or a loved one is facing a drug charge, contact us immediately for a free case evaluation. The sooner we can get access to your case file, the stronger our chances of getting you a favorable result.