Leucadia Drug Crime Defense Attorneys
Convictions for drug offending can be devastating, and it’s vitally important to have the best possible legal advice. If you’re looking for an experienced drug crime attorney in the sunny Leucadia area, give jD Law Criminal Defense Attorneys a call to see how we can help.
Our founder James N. Dicks is a former narcotics investigator with the Los Angeles Police Department (LAPD) and a highly experienced criminal lawyer. He’s a board certified specialist in the area of criminal law—one of only 30 in San Diego County.
Controlled substances in California include a wide range of illegal drugs, and legal drugs such as Vicodin (if you don’t have a legitimate prescription). Drugs are divided into different classes—for instance, offenses involving heroin, a schedule I drug, are generally more serious than offenses involving a schedule IV drug like diazepam.
In general, common drug crimes include possession and possession for sale, prescription fraud, drug manufacturing, and sales and transportation of controlled substances.
Marijuana possession and cultivation offenses also carry significant penalties, as does being under the influence of a drug, and driving offenses involving drugs. These include:
- Possession: the penalties for possessing a controlled substance are set out in § 11350 of the Health and Safety Code. They can include a fine of up to $20,000 and up to three years in jail. The sentence you receive will vary depending on the amount you have, the type of substance, whether this is your first drug offense, and whether you have committed other serious criminal offenses in the past.
- Possession of a controlled substance for sale (§ 11351 of the Health and Safety Code). People convicted of this offense can be imprisoned for up to four years and receive a fine of up to $20,000.
- Prescription fraud is set out in § 1173, and it involves forging or altering a prescription, or forging a signature. This offense carries a penalty of between six months and a year, and a fine of up to $10,000.
- Manufacturing a controlled drug, § 11379.6, is punishable by a jail sentence of up to 7 years and a fine of $50,000.
- Sales and transportation is covered by § 11352 (a). You face up to five years in a state prison, and a fine of up to $20,000. However, if there are aggravating factors (such as transporting significant quantities of a schedule I drug) then your sentence can be considerably longer than this, and the fine can also increase to millions of dollars.
- Illegal cultivation of marijuana. This applies to people who break California’s six-plant rule. Misdemeanor penalties for people over 21 are usually a fine of $500 and a county jail term of up to six months. People aged between 18 and 21 found cultivating weed even within the legal limit will receive a $100 fine. In some situations—for instance, if you already have a serious conviction for violence—cultivating marijuana becomes a felony: these penalties are punishable by three years in prison, and a fine of up to $10,000.
- Possession of marijuana while being under 18, possession of marijuana while on school property, or possession of more than 28.5 grams of marijuana (whether you’re over or under 18). These charges usually incur a fine of up to $500, and a sentence of counseling and/or community service. Adult offenders may receive a short prison term.
- Being “under the influence of drugs.” This carries a sentence of up to a year in jail, and a fine of up to $1,000. It doesn’t apply if you have a valid prescription, if the drug concerned is marijuana, or if someone else drugged you without your knowledge.
- Driving under the influence of drugs/driving while addicted to drugs. Depending on whether this is a first, second, or subsequent offense, this carries a potential sentence of up to a year in jail, and a hefty fine of up to several thousand dollars.
There are other specific penalties for people inducing minors (people under the age of 18) to commit drug offenses.
Wait until your lawyer arrives until you answer any police questions. If you talk to the police alone, they may use your statements to incriminate you.
Drugs offenses, particularly possession for sale, or sales and transportation, carry very hefty consequences. But there are defenses to a drug charge that your Leucadia defense lawyer can submit on your behalf, such as:
- The drugs don’t belong to you, and you didn’t realize they were in your possession (in your baggage for instance, or in your car)
- The drugs were for personal use only, not for sale
- You did have a valid prescription for the drugs in your possession, or valid medical marijuana card
- Police procedures were flawed
- The search was unlawful
- Someone else drugged you, for instance, by spiking your drink on a night out.
jD Law Criminal Defense Attorneys specialize in defending drug charges. Talk to us about how we can help today. Call us on (760) 630-2000.
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