Drug crimes are typically categorized by prosecutors as either misdemeanors or felonies. However, certain drug crimes fall into a gray category known as “wobblers,” meaning the magnitude of an alleged crime can help a prosecutor determine whether a felony charge should be implemented or not. If you are facing drug charges, a Los Angeles drug crime attorney from A&T Legal Group can help advise you through this tumultuous period.
While the following list is not an exhaustive one, here are some of the cases handled by the A&T Legal Group. If you do not see your case listed below, please contact us for a free consultation.
This has been classified by the U.S. Controlled Substances Act as a Schedule II drug. This means that cocaine and its derivatives such as crack have a high level of abuse but falls slightly short of abuse levels seen in Schedule I drugs, such as heroin.
Recent legislation makes possessing small amounts of marijuana a simple infraction, effectively deducing it from a criminal action. However, the Controlled Substances Act (which is a federal law) still lists pot as Schedule I drug as well as its synthetic counterparts “Spice” and “K2.” The legal rules pertaining to marijuana possession are extremely complex in the So. Cal region. Local drug crime defense attorneys can help advise you on how to handle these types of cases.
This is one of the most serious types of drugs to commit a crime with (e.g., possession, sale, etc.), hence its classification as a Schedule I drug by the U.S. Controlled Substances Act.
“Meth/Glass/Chrystal” is a Schedule II drug as well as all the derivatives associated with it, such as isomers and salts. The law also classifies “immediate precursors” like phenylacetone in the same category.
It is illegal to be in possession of prescription drugs in the state of California without a lawful prescription. Even those who have a valid prescription can be charged with a crime if they operate a vehicle with the drugs in their system or take more than their prescription allows.
Simply possessing a drug is the least severe of all drug-related crimes. However, possessing a large bag or multiple canisters of a controlled substance might warrant additional charges, such as “possession for sale” or “possession with intent to distribute.”
Drug distribution is a serious crime. It typically includes elents of trafficking, such as a transporting drugs from one to state to another or being found in possession of multiple “baggies” of drugs. Being charged with distribution can easily convince a prosecutor to charge a “wobbler” case as a felony.
First-time offenders and non-violent offenders may qualify to participate in one of California’s various drug diversion programs in lieu of immediate sentencing, according to the California Penal Code. A program might include community service or house arrest. Be sure to discuss this option with a Los Angeles criminal defense lawyer to see if your case might qualify.
What Should I Know About Proposition 36?
Proposition 36 was amended recently to the California Three Strikes Law. What the amendment does is guarantee that a third strike may only be constituted if the third crime was deemed violent or the defendant was in the process of committing a violent crime. Prior to Prop 36, all crimes regardless of classification could qualify as a third strike resulting in mandatory sentences of 25 years to life.
Federal Drug Crimes
Not all minor drug crimes are charged as misdemeanors. Some involve the defendant crossing state lines, which could make the charge a federal offense. The same goes if you’ve been charged with importing drugs from another state or country.
Federal drug crimes bring about penalties which are more rigid and severe than those listed above. Defendants will be facing the Drug Enforcement Agency (DEA) and the Federal Bureau of Investigation (FBI) instead of local authorities. Both have a considerable amount of manpower and nearly unlimited resources, making a defense much harder to strategize and resolve. It is absolutely crucial that you contact an attorney with federal experience, if you are charged with a federal crime.
Drug Crime Lawyer Encino, CA
Don’t fight the system alone. Let the experienced attorneys at A&T Legal Group handle your case. Your free consultation is just a phone call away!
– Drug Diversion
– Drug Sale
– Illegal Search & Seizure
– Prescription Fraud
– Prop 47