California Drug Lawyer
Los Angeles, CA Drug Arrest Attorney

The increased use of drugs throughout the country has had an effect on a generation of Americans. There is evidence that indicates that the war on drugs is a failure, yet prosecutors representing the State of California and United States of America continue to prosecute cases and impose life-long jail sentences at a very high rate. At Stephen G Rodriguez & Associates, we help defend clients in drug matters involving:

Following is a list of some illegal drugs:

Your primary defense against California state drug crimes is not that different to the defense of federal drug crimes (except for differences in sentencing and pre-trial motions). An important factor in determining the severity of the charge is the type and quantity of the illegal drugs involved. Another factor in determining the seriousness of the charge is whether the drugs are for personal use or for sale. A drug offense may be a felony or a misdemeanor, depending on the quantity and type of drug found by law enforcement. A few pounds of a drug is certainly more serious than just a few ounces, and a few ounces is more serious just than a few grams. Another very important factor is whether or not you have a prior criminal record. For obvious reasons, a prior criminal record could result in a more severe punishment than if the defendant had a clean or relatively minor record consisting of misdemeanors.

Penalties for Drug Charges
Penalties for Drug Crimes are serious. They may include jail/prison time, a fine, seizure of assets (including vehicles), loss of a driver's license, and being required to register as a narcotics offender. Because the potential penalties are so serious, it is critical to obtain a skilled criminal defense attorney as soon as possible.

Federal sentencing guidelines describe forty-three (43) base offense levels for drug charges. The higher the level of offense, the harsher the sentence is likely to be. The base offense level under the federal guidelines varies; it directly depends on the type of drugs and the amount of drugs. For example, Crack is a form of cocaine and is listed on the same schedule of controlled substances. Nevertheless, the quantity of crack needed to impose certain sentences is much less than the quantity of powdered cocaine. Thus, a person convicted of delivering 5 grams of crack will receive a sentence in the federal system of five to forty years. In order to receive this sentence on a cocaine charge, a person would have to be convicted of delivering 500 grams of powdered cocaine. It is important for an accused person to be represented by a lawyer who has experience navigating these sorts of sentencing issues.

The crime of "simple possession" requires that a person knowingly and intentionally possess an illegal/scheduled drug without a legitimate prescription. The government is required to prove that the offender knew that the drug was a controlled substance and that he/she had either actual possession of it or some other control over it. The federal sentencing guidelines allow for 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 offender (or higher). Please note the exception for crack cocaine - the sentence for possession of more than five grams of crack cocaine is increased to a minimum of five years in prison, even for those who are first-time offenders.

Manufacturing, delivering, or possessing with intent to deliver a controlled substance is a crime with escalating penalties. The severity of the penalties depends on the drug involved, the quantity of the drug, and the offender's prior criminal record. For example, a first-time offender convicted of possessing with intent to deliver 100 grams to 5 kilograms of heroin will receive a mandatory minimum sentence of five years in prison (the sentence can be as high as forty years). It is important to note that there are 3 crimes that serve as "enhancement crimes." The sentence for these "enhancement crimes" is double or triple what it might otherwise be for distributing that particular amount and type of drug under other circumstances. The 3 enhancement crimes are:

For more detailed information about federal drug trafficking penalties, please visit the DEA's Federal Traffickign Penalties page.

California Drug Sentencing - Alternatives
When it comes to drug cases, treatment is often a more appropriate sentence than jail or prison. This is because it is important to help people with their drug problem and not simply punish them. If you have been arrested for a drug-related offense, there are various treatment options. Alternatives include Proposition 36, Diversion, and Drug Court.

Proposition 36
The Substance Abuse and Crime Prevention Act, also known as Proposition 36 (or Prop 36), was passed by 61% of California voters on November 7, 2000. This initiative allows 1st and 2nd time non-violent, simple drug possession offenders the opportunity to receive substance abuse treatment instead of incarceration. If a person is convicted of a Non-Violent Drug Possession Offense after July 1, 2001, he/she may be eligible for Proposition 36 sentencing. Note that possession for sale, production or manufacturing controlled substances DO NOT count as Non-Violent Drug Possession Offenses, and Prop 36 relief is not available.

A Proposition 36 sentence requires treatment for up to one year, with an additional six months of "aftercare" treatment. The rehabilitation plan could include outpatient treatment, halfway house (i.e., sober living) treatment, narcotic replacement therapy, drug education classes and/or limited inpatient or residential drug treatment.

For answers to all of your questions about Proposition 36, please refer to the California Proposition 36 FAQ Page.

Diversion
Diversion requires the defendant to enter a plea of guilty to the drug charge, but the accused is NOT sentenced (keep in mind that nothing is ever final in criminal cases until the defendant is actually sentenced). The offender must then undergo the diversion program, which consists of a number of classes. Drug testing is conducted randomly, and a "dirty" test can create new legal problems for the offender.

There are eligibility requirements that have to be met before the drug offender can be placed on Diversion. This is one of the reasons that it is important to hire a knowledgeable criminal defense lawyer for a drug charge. If the offender qualifies, this option should be made available. If diversion is completed successfully, the case is dismissed, and the defendant will have avoided conviction of the crime. This is one way to keep a criminal record clean.

Drug Court
A Drug Court is a special court that is given the responsibility of handling cases that involve drug-addicted offenders through a supervision and treatment program. Drug programs can vary (depending on which courthouse is handling the case), but each program will commonly be separated into different phases, where the participant will earn more freedoms each time a phase is completed successfully. Although a period of incarceration is sometimes required, the case is dismissed when the program is successfully completed.

Call Our Office and Speak Directly to an Attorney
If you have any questions or would like to speak directly to an experienced criminal attorney regarding your Drug Case, please do not hesitate to call Stephen G. Rodriguez at the firm's Los Angeles, California office toll-free at 1-800-788-8557 for a FREE CONSULTATION. If you prefer, you may e-mail the firm and an experienced criminal lawyer will be in touch with you as soon as possible.