The most common drug crimes in the LA area are simple possession of a controlled substance, possession for sale, actual sales, trafficking, transportation, and cultivation of marijuana. The most common drugs involved are Methamphetamine, Cocaine, Heroin, Marijuana, as well as prescription medications such as Oxycodone, OxyContin, Xanax, Vicodin, and many others.
Penalties for Drug Crimes
Penalties for drug crimes range from probation to drug court, county jail or state prison time. There are also two programs that may be beneficial to some of our clients: one is the Deferred Entry of Judgment under Penal Code 1000, and the other is under Prop 36. Both are diversionary programs where the client will go through a treatment program with the aim that their case will be dismissed following successful completion.
More severe crimes such as possession for sale, sales, transportation, trafficking, cultivation, or the manufacturing of crystal meth and other drugs, are usually not subject to diversion unless reduced to a less serious charge.
Penalties for Repeat Offenders
The law is designed to give first offenders a chance to rehabilitate themselves with the aim that they will never again come back into the system. With that in mind, first time offenders usually receive lower sentences or diversion if found guilty.
Those who come back into the system are treated more seriously and given harsher punishment to deter them from committing further crimes.
Possession of Drugs Not Belonging to You
If someone was arrested for drug crimes but the drugs did not belong to them, they can still be charged, because drug crimes are not only about ownership. They are also about dominion and control. So, simply by having possession of drugs, you can be considered to have committed a crime even if you are holding them for someone else.
Advice for Those Charged with Drug Crimes
Seek legal counsel immediately. Once the client discusses the case with an attorney, the drug crime attorney can formulate a strategy as to how to proceed in terms of law enforcement contact, as well as preservation of evidence. This may range from trying to preserve chat messages in one’s phone to interviewing witnesses, requesting surveillance video from nearby businesses, seeking out experts, getting one’s medical records, and arranging for bail and surrender if considered necessary.
Benefits of Retaining Gurovich, Berk & Associates
Drug Crimes require specialized attorneys which is why it is important for you to hire a firm whose lawyers who are highly experienced in drug violations. A major part of the practice in criminal defense is how aggressive the firm is in making motions to invalidate the search and seizure of the drugs. Our firm will consider all factors leading up to the client’s arrest.
Did law enforcement follow the Constitution in seizing the drugs? Was the client pulled over and the police just searched his vehicle, or was the search based on the client providing them with permission? Was there a search warrant? Was the search warrant properly executed? Did law enforcement have probable cause to stop and to search, or to go into someone’s home, or did they violate the client’s constitutional rights?
In regard to drug crimes, if the search is unconstitutional, whatever is found as a result legally does not exist; therefore, the case cannot proceed.
Gurovich, Berk & Associates have a great deal of experience dealing with these types of crimes. We can assist at all stages from coming into the case at the initial time of arrest, to replacing a public defender or another private attorney who has already begun the defense case. We know the questions to ask and get the best defense for our client.
Contact our experienced drug crime attorneys at (213) 385-1555 for a free consultation.