Los Angeles Drug Crime Attorneys
Los Angeles has long been recognized as the epicenter of numerous drug cartels and drug trafficking operations, and Los Angeles law enforcement is notoriously hard on drug crime cases. Many Task Forces have been assembled throughout the city to combat drug crimes and conduct both state and federal investigations of suspected offenders.
If you have been arrested or are under investigation for a drug crime, you must realize that many resources and much effort are being used to find proof that you have committed a drug crime. You must take action immediately to protect your rights, reputation, and future from the consequences of a conviction.
The prosecution and law enforcement will team up against those facing drug crime charges and do everything possible to prosecute the defendant fully. Speak with a highly trained Los Angeles drug crime attorney from our firm to discover your best course of action. We understand the state’s laws on mushrooms and other types of drugs in CA.
Are you facing drug charges in California? Call Lessem, Newstat & Tooson, LLP today at (888) 643-2943 or contact us online to schedule a meeting with our drug crime attorney in Los Angeles!
Aggressive Defense Against Drug Charges in Los Angeles County
Here at Lessem, Newstat & Tooson, LLP, we have handled more than 200 jury trials on behalf of those accused of crimes throughout Los Angeles, many of which involved drug charges. Our skilled Los Angeles drug crime lawyers can protect your rights and help you build a compelling defense for any of the following charges and more, so call today to schedule a free consultation.
Common Types of Drug Offenses in California
- Cultivation: This specific crime involves growing, producing, and possessing certain plants or naturally occurring elements used to produce unlawful controlled substances like marijuana plants or cannabis seeds.
- Distribution: Drug distribution refers to situations where an individual or group transfers substances from one place to another. The penalties for this drug crime will depend on the circumstances surrounding the case.
- Drug Sales: The penalties for selling controlled substances in California can be very steep and may include years in prison and thousands of dollars in fines. If you are under investigation, immediately take action.
- Drug Manufacturing: You can be charged with a crime for playing a role in cultivating or manufacturing a controlled substance under state or federal law. Drug manufacturing charges can also include other drug charges.
- Possession: The possession of illegal drugs is a crime that carries a wide range of penalties based on the type and amount of drug and other extenuating circumstances. Instead of accepting defeat, contact our firm.
- Illegally Prescribed Drugs: Obtaining prescription drugs through illegal methods has become one of the most prevalent drug crimes in Los Angeles over the last couple of years.
Drug Manufacturing and Cultivation in California
In California, it is illegal to manufacture illegal drugs or controlled substances, including marijuana. The crime an individual will be charged with regarding manufacturing or cultivation depends on the drug being made.
California Health and Safety Code 11379 makes it illegal to manufacture or take part in manufacturing controlled substances, including cocaine, opium, methamphetamine, or any other controlled substances. A common example would be running a methamphetamine lab. Additionally, it is a crime to be in possession of the chemicals that are used to manufacture certain drugs.
Drug Distribution Charges in California
Drug distribution or trafficking laws forbid selling, transporting, and illegally importing into the country, unlawful controlled substances. Penalties are assigned based on quantity, type of drug, distribution area, and whether or not minors were involved. The laws can apply to an individual or to an organized illegal activity.
Whatever circumstances you are involved in, whether it is you or someone close to you, you want to have a competent drug distribution defense lawyer working for you. Our firm has gone to trial over 200 times; we have hundreds of dismissals on our record. Don’t underestimate the effects of this on your future. Take action now to start turning things around.
Facing Federal Drug Charges?
When you are falsely accused of committing a drug crime, you risk the chance of being wrongfully convicted for a serious crime. Federal criminal penalties for drug trafficking, manufacturing/cultivation, smuggling, and related offenses can vary depending on various factors, including the type and quantity of drugs involved, prior criminal history, and aggravating circumstances.
Consult with a Los Angeles federal drug crime lawyer today if you need counsel and defense.
What Are the Penalties for Drug Charges in California?
The penalties for a drug charge will vary depending on several factors, such as the type of drug, amount, one’s previous criminal background, and any other aggravating factors.
Some of the penalties for a drug charge can include:
- Imprisonment: Drug offenses often carry significant prison sentences. The length of imprisonment depends on the type and quantity of drugs involved. For example, trafficking larger quantities of drugs typically results in longer sentences.
- Fines: Convicted individuals may be ordered to pay fines as part of their sentence. The amount of the fine can vary widely depending on the specifics of the offense.
- Asset Forfeiture: In drug cases, the government may seek to seize assets that are believed to be connected to the illegal drug activity. This can include money, vehicles, real estate, and other property.
- Mandatory Minimum Sentences: Some drug offenses carry mandatory minimum sentences, meaning that judges must impose a certain minimum term of imprisonment upon conviction. These minimums are often based on the type and quantity of drugs involved and can be quite severe.
- Enhanced Penalties for Prior Offenses: Individuals with prior drug convictions may face enhanced penalties for subsequent offenses. These enhancements can result in longer prison sentences and higher fines.
Drug crimes can be charged as either a misdemeanor or a felony, depending on the circumstances of your case. If your case involves trafficking across state lines, you could face federal drug charges and heightened penalties.
Legal Defenses for Drug Charges
Whether you are facing drug possession, trafficking, or another related charge, we can explore all the possible defense options for your case.
Some of the common defenses for drug charges include:
- Lack of Possession: If the defendant did not possess the drugs in question, either actual possession (having physical control over the drugs) or constructive possession (having control over the area where the drugs were found), they may argue lack of possession as a defense.
- Illegal Search and Seizure: The Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement. If evidence was obtained through an illegal search or seizure, it may be suppressed from trial through a motion to suppress, weakening the prosecution’s case.
- Entrapment: Entrapment occurs when law enforcement induces someone to commit a crime they would not have otherwise committed. If the defendant can show that they were persuaded or coerced by law enforcement to commit the drug offense, they may have a valid defense of entrapment.
- Lack of Knowledge: If the defendant can demonstrate that they were unaware of the presence or nature of the drugs, they may argue lack of knowledge as a defense. This defense is particularly relevant in cases of constructive possession, where multiple people may have access to the area where drugs are found.
- Duress: If the defendant committed the drug offense under duress or threat of harm, they may have a valid defense. The defendant must show that they reasonably believed they faced imminent danger or harm if they did not commit the offense.
- Illegal Police Conduct: Apart from illegal search and seizure, if law enforcement engaged in other illegal conduct, such as fabrication of evidence or coercion, the defendant may use this as a defense.
- Medical Necessity: In rare cases involving medicinal marijuana or other drugs, a defendant may argue that their actions were necessary to alleviate a serious medical condition. This defense requires medical evidence supporting the necessity of the drug use.
- Violation of Constitutional Rights: Defendants may argue that their constitutional rights were violated during the arrest, interrogation, or trial process, leading to an unfair trial or conviction.
- Insufficient Evidence: If the prosecution fails to provide sufficient evidence to prove the defendant’s guilt beyond a reasonable doubt, the defendant may argue for acquittal.
- Alibi: If the defendant can prove that they were elsewhere at the time the alleged offense occurred, they may present an alibi defense.
Our Lessem, Newstat & Tooson, LLP team can help you tailor a defense for your unique situation. We leverage our experience and extensive resources to help you investigate and defend your drug crime accusations. Schedule your free consultation today to get started on your defense.
Start your defense with our Los Angeles drug crime defense lawyers today!
Drug Crime FAQs
Can I Be Charged With Possessing Drug Paraphernalia for Legal Household Items?
Yes. Certain everyday household items can be used as drug paraphernalia, so you can be charged with possession. However, the prosecution will have to prove that the items in question were used for illegal drug consumption.
If I Am Caught With an Illegal Drug, but I Didn’t Actually Use It, Can I Still Be Charged With Anything?
Yes. As long as you are caught with a controlled substance, you can be charged with possession, regardless of whether you used any amount.
If I am Charged With Drug Possession, Do I Automatically Go to Jail?
No. Depending on the circumstances of your case, you may be able to avoid jail time by completing drug rehabilitation/treatment instead.
What Happens if I’m Caught With Prescription Drugs Without a Valid Prescription?
If you are caught with certain medications, such as Vicodin, codeine, and others, and you don’t have a prescription for these medicines, you can be charged with possession.
What Does DEJ Mean?
DEJ stands for “Deferred Entry of Judgment.” This is a legislative program for first-time drug offenders that allows for a drug possession case to be dismissed without the defendant ever having to plead guilty. A defendant in the DEJ program must complete a drug program and then not pick up any new charges for a specified period of time. Once that time has passed, the case is then dismissed. The lawyers at Lessem, Newstat & Tooson, LLP can determine for you if you are eligible for DEJ and, if so, what precisely you need to do to successfully complete the program and get your case dismissed.
What Is Proposition 36?
Proposition 36 is a legislative program set up to help drug offenders receive education and treatment instead of jail. Proposition 36 requires a qualified defendant to plead guilty and then complete a drug program. Once the drug program is successfully completed, the person becomes eligible to have their case dismissed. Proposition 36 is often a good option for drug offenders who are not eligible for the DEJ program. The lawyers at Lessem, Newstat & Tooson, LLP can determine for you if you are eligible for Proposition 36 and if so what precisely you need to do to successfully complete the program and get your case dismissed.
Contact Our Los Angeles Drug Crime Attorney Today
If you have been charged with Health and Safety Codes 11358, 11379, or any other drug-related charge, call Lessem, Newstat & Tooson, LLP immediately. Without a skilled and aggressive criminal defense attorney, a prosecutor can decide to charge you with the worst possible crime. We have been successful in defending drug-related charges on many occasions.
Contact Lessem, Newstat & Tooson, LLP today to schedule a FREE case review with our drug crime lawyer in Los Angeles!
