Drug Charge Lawyer, Los Angeles & Orange County
If you or a loved one’s freedom is at risk due to drug crimes in Los Angeles or Orange County, be very careful. The consequences of drug charges can be disastrous. Is a lawyer a good job.
It is critical to get a skilled Orange County or Los Angeles drug crimes attorney on your side asap. All cases can potentially be won no matter how they may appear.
Our award-winning drug crime attorneys will fight to get the best possible outcome, reduce or dismiss charges and keep you out of jail. We can help you immediately.
Experienced Drug Possession Lawyer
Our excellent record handling 1,000’s of cases includes: drug possession with intent to sell, manufacturing, transportation for sale, drug trafficking, money laundering, juvenile drug sale charges, federal drug crime & drug distribution in Los Angeles & Orange County.
California drug crime laws involve the unlawful use, possession or sale of: amphetamines, ayahuasca, cocaine, crack, ecstacy, GBH, heroin, ketamine, LSD, marijuana, MDMA, methamphetamine, molly, speed, PCP, peyote, psychedelic mushrooms, steroids or prescription drugs such as Dilaudid, Oxycontin and Vicodin.
Proven Former DA Fighting For You
Our former District Attorney knows how police, courts and DAs build their cases against you and the best ways to find flaws to use in your defense. If charges can’t be dismissed up front, they know how to use drug diversion programs to get drug charges dismissed.
Often it is not the facts of the case that result in the best outcome, but understanding the system, relationships and a skillful presentation of your case to the court or DA. Our drug case lawyers not only know the system inside out, they are at home in it.
You can rest assured our Los Angeles or Orange County drug charge lawyer will vigorously fight to defend you and achieve the best resolution possible.
California drug possession, distribution & trafficking laws in 2019
California enacted Proposition 47 in November 2014 which decriminalized simple possession of many illegal drugs by changing them from felony charges to misdemeanor.
There are 3 types of drug charges:
Infractions typically without jail time or major penalties,
Misdemeanor charges with minor penalties, and
Felony charges with major penalties and jail time.
Under California HS 11350(a), a first offense of “simple possession” of a controlled substance for your personal use is a misdemeanor subject to up to 1 year in jail, up to $1,000 in fines and/or community service.
California Health and Safety Code 11350 defines possession of the following controlled substances for personal use as a misdemeanor (see DEA drug schedule):
Schedule I: Heroin, LSD, ecstasy, methaqualone, peyote and opium derivatives.
Schedule II: Cocaine, hydrocodone (Vicodin), methamphetamine, methadone, hydromorphone (Dilaudid), meperidine (Demerol), oxycodone (OxyContin), fentanyl, Dexedrine, Adderall and Ritalin.
Schedule III, IV, or V controlled substances without a valid prescription.
A 2nd offense of HS 11350(a) is subject to up to 2 years in jail and a fine up to $2,000 and/or community service. The charge can become a felony if you have been convicted of a prior serious felony or are a registered sex offender.
California Health and Safety Code 11352 defines the laws that apply for possession of controlled substances with intent to sell. Distribution of drugs, sale of drugs, possession near a school, selling or distributing drugs to minors and drug trafficking charges can all cause serious felony charges with 3 to 5 years of prison time or more.
If the drugs are transported to a non-contiguous county, enhanced sentencing of 3 to 9 years can be added. If you sell to minors or minors are involved in the sale, that can enhance the prison sentence to 3, 6 or 9 years in state prison.
California drug crime laws
California drug crimes laws for adults and juveniles are defined in the California Health and Safety Code. The most commonly charged drug crimes are:
Possession of Controlled Substance With Intent to Sell | HS 11351
Sale or Transportation of Controlled Substance | HS 11352
Substitution of an Imitation Controlled Substance | HS 11355
Possession of Concentrated Cannabis | HS 11357(a)
Sale of Synthetic Marijuana/Cannabis | HS 11357.5
Possession of Marijuana with Intent to Sell | HS 11359
Being Present During Controlled Substance Use | HS 11365
Altering or Forging a Prescription | HS 11368
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Possession of a Controlled Substance While Armed | HS 11370.1
Possession for Sale of Methamphetamine | HS 11378
Sale or Transportation of Methamphetamine | HS 11379
Manufacturing Drugs, Narcotics, Controlled Substances | HS 11379.6
Possessing Materials for Manufacturing Controlled Substances | HS 11383 & HS 11383.5
Federal drug crime lawyer
While most drug crimes are charged as state crimes, they can be charged as federal crimes. Drug charges typically become federal charges because:
The crime involved crossing state lines or the U.S. border.
You were named by a federal informant.
You were arrested by a federal officer.
The crime involves a large scale crime ring targeted by DEA, FBI or CBP.
The drug crime occurred on federal property.
Federal drug crime laws are defined in Title 21 U.S. Controlled Substance Act, sections 801-971. If you are arrested for a federal drug crime, it is important to speak with an experienced federal drug charge lawyer as soon as possible.
Call Chudnovsky Law at 844-325-1444 for a free attorney consultation.
Federal drug charges are typically very serious felony charges that carry mandatory minimum prison sentences. Federal prosecutors often wait until they have very strong case and evidence before filing charges.
Juvenile drug possession, sale charges defense lawyer
The courts handle juvenile drug possession cases totally differently than adult cases, even though the crimes are the same. Orange County and Los Angeles juvenile courts are based on the idea that minors lack the maturity needed to make informed decisions.
The Juvenile Justice and Delinquency Prevention Act provides funding and support for special programs to support programs in Los Angeles and Orange County that a skilled juvenile drug possession attorney can use to resolve your case.
As a result, juvenile courts have a wider range of options for juvenile drug offenders that emphasize drug abuse treatment, rehabilitation and education:
Probation requirements usually include regular school attendance, completing a substance abuse program, community service, and following a curfew.
Pretrial diversion where the juvenile admits guilt, but there’s a deferred entry of judgement. If the juvenile successfully completes the court ordered program, then the charges are dismissed.
Detention is rare for juvenile drug possession unless a violent crime or robbery was involved or the juvenile is a repeat drug offender. Juvenile detention options can include home confinement, juvenile detention center, probation camp, or placement in a foster home or group home.
Drug counseling can be ordered by the juvenile court judge for the juvenile offender and their parents with the goal of rehabilitating the youth.
Chudnovsky Law’s juvenile drug sale charges defense attorneys in Los Angeles and Orange County are experts in navigating the juvenile court system. If your case involves serious charges, your attorney can argue to keep the case in juvenile courts instead of adult court to ensure greater options at rehabilitation rather than incarceration.
The best drug charge lawyer defenses
There are many legal defenses to criminal charges and most drug charges require the District Attorney prove several crime elements beyond a reasonable doubt.
Some of the best drug crime attorney defenses our Orange County criminal defense attorney for drug charges use for Health and Safety Code HS 11350 are:
1) Momentary Possession
Perhaps another person handed you the drug to avoid being arrested for drug possession and you only had momentary possession. Or perhaps someone left the drug at your home during a party and you were unaware. This defense is strengthened if your drug possession attorney can show you didn’t do anything to prevent police from finding or taking the drugs.
2) No Possession or Control
Simply being near drugs when you were arrested is not enough to prove you were in possession of drugs. You could have had no possession or control of them. A classic example is if a friend stashes drugs under a seat in your car. Your Los Angeles drug crime attorney can argue they weren’t in your possession or control.
3) Drugs Were Found During an Illegal Police Search
If police found the drugs during an illegal search, you cannot be convicted under HS 11350. Police must have probable cause to search you or a search warrant. If they didn’t, any evidence found can be suppressed.
4) You Did Not Know the Drugs Were There
If your attorney can prove you didn’t know what the drugs were or did not know you had the drugs, you cannot be convicted. For example, if your friend puts drugs in your purse and police find them during a search and arrest. If you didn’t know they were there, your lawyer can use that as a defense.
5) You Had a Valid Prescription
If you had a valid prescription for the drug and the amount you possessed was consistent with the prescription and it’s purpose, your possession is legal.
6) You Temporarily Had the Drugs to Get Rid of Them
You may be able to possess drugs for a short time in order to dispose of them. Your Orange County drug charge lawyer will need to show that you did not dispose of the drugs to avoid discovery and arrest by the police.
Most Drug Cases Are Resolved Without a Trial
Our Los Angeles criminal defense lawyer usually obtains the best outcome without going to trial. Trials can publicly expose sensitive personal issues for the public record and be more costly than a skillfully negotiated dismissal or favorable plea deal. Drug diversion programs also provide a great option for getting drug charges dismissed.
But if a Prosecutor is being unreasonable, there are situations where fighting the case in trial can be in the defendant’s best interest.
Drug diversion programs
California offers those charged with first offense drug possession for personal use a way to get the charges dismissed and avoid a criminal record and arrest record.
California Penal Code 1000 Pre-Trial Drug Diversion Program
Under California Penal Code 1000 eligible non-violent drug charges can be stayed while the defendant goes through a drug treatment and education program. Once the program is completed and all requirements and conditions met, courts can drop the drug charges.
Even though defendants can plead “not guilty” and still be eligible for drug diversion, the defendant must waive their right to a jury trial in order to get pre-trial diversion. If the defendant fails the drug program, they still can fight their drug charges in a bench trial where the case will be decided by a judge (no jury).
Pre-Trial Diversion Eligibility
Diversion program eligibility is limited to non-violent, low level drug offenses such as:
Possession of a controlled substance.
Being under the influence of a controlled substance.
Possession of drug paraphernalia.
Most controlled substances are eligible as long as the amount of drugs are of limited quantity or for personal use. Eligibility may be driven by whether the defendant will benefit from a drug education and treatment program.
Defendants with a prior drug conviction or felony conviction within last 5 years.
The drug offense involved violence or the threat of violence.
Drug possession with intent to distribute.
Drug trafficking charges.
Pre-Trial Diversion Program Process:
Defendant decides they would like pre-trial drug diversion.
The District Attorney determines if the defendant is eligible.
The court holds a hearing to confirm eligibility.
The court along with the probation department determine the type of drug treatment, rehabilitation and education for the defendant.
The defendant chooses a qualifying program (county-certified).
The defendant pays a diversion restitution fee (typically $100-1,000).
Defendant participates in the program (typically 12-18 months).
Defendant submits to any required periodic drug testing.
In some cases, defendants may be able to use prescribed medications as a component of their treatment program.
Since both the charges and record of the arrest are dropped from your record, you will not have to admit even to an arrest on your criminal record on job applications or background checks. Only certain law enforcement will even know the arrest ever occurred.
What Happens if You Fail The Drug Treatment Program?
The court holds a hearing to decide if failing to complete the program terminates your participation in the pre-trial diversion program. If so, this puts you back at square one: you will be facing the criminal charges in a court bench trial.
The most common reasons defendants fail to complete the program include:
Failure to comply with the drug treatment program conditions.
Not going to the required treatments.
Being convicted for a separate felony or violent crime.
PC-1000 certified drug programs
Each county’s Public Health Department establishes their own list of Penal Code 1000 certified county programs. The programs provide drug abuse education and counseling services as an alternative to criminal conviction for first time drug offenders.
Here are the certified programs by county (pdf):
Most common abused prescription drugs
Scientific evidence has shown that misusing prescription drugs can alter one’s ability to think clearly, lead to powerful addictions, health risks and cause pregnancy issues.
Hydrocodone: Lortab, Vicodin, Norco, Lorcet
Oxycodone: Oxyfast, OxyContin, Roxicodone
Fentanyl: Actiq, Duragesic, Fentora
Methadone: Dolophine, Methadose
Hydromorphone: Exalgo, Dilaudid
Methamphetamine: Ecstasy, Molly
Amphetamines: Vyvanse, Adderall
Methylphenidate: Concerta, Ritalin
California Drug Use Statistics
The California Health Care Foundation 2018 Substance Use in California Report published the following California drug use statistics:
8.5% of the population had some type of substance use disorder in 2016.
3.3% of the population had an illicit drug substance use disorder in 2016.
0.6% of the population had a pain medication substance use disorder in 2016.
Substance use disorders are most prevalent among young adults 18 to 25, occurring at nearly twice the California average rate.
Opioid related emergency visits surged 93% from 2,219 in 2006 to 4,281 in 2017.
Heroin related emergency visits surged 235% from 1,219 in 2006 to 4,089 in 2017.
Drug poisoning deaths increased 38% from 1999 to 2016.
Fentanyl opioid overdose deaths surged 300% from 2011 to 2017.
We represent clients throughout southern California from our Los Angeles and Orange County offices, including:
Los Angeles County: Alhambra, Beverly Hills, Brentwood, Buena Park, Burbank, Culver City, El Segundo, Encino, Glendale, Hollywood, Huntington Park, Long Beach, Los Angeles, Malibu, Manhattan Beach, Pasadena, Pomona, San Fernando, Santa Clarita, Santa Monica, Sherman Oaks, Simi Valley, Thousand Oaks, Torrance, Van Nuys, Venice, Ventura, West Hollywood, West Los Angeles and Woodland Hills.
Orange County: Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Garden Grove, Huntington Beach, Irvine, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Niguel, Laguna Woods, Lake Forest, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, Rancho Santa Margarita, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster and Yorba Linda.