Los Angeles DUI Lawyer Blog

California Health and Safety Code §11350 makes it unlawful for any person to be in possession of a controlled substance. Controlled substances are those listed under California Health and Safety Code §§ 11054 and 11055. These sections include the majority of common recreational or "street" drugs like heroin, cocaine, methamphetamines, certain hallucinogenic drugs and antidepressants. These sections, however, do not include marijuana. Marijuana is covered by California Health and Safety Code § 11357.

Drug possession cases in California are generally charged as a felony, and are not taken as serious offenses by the courts. However, an experienced Los Angeles Criminal Defense attorney knows that there much leniency for Drug Possession charges. With a powerful argument and the skill of a good lawyer, charges may be reduced from a felony to a misdemeanor, or in many cases, dismissed altogether.

If the drug allegedly found in your possession is certain types of depressants, the law may be read as a wobbler by the Judge. A wobbler is a law under which a charge may be filed as a misdemeanor or a felony, depending on the facts of the case. Prosecutors and Judges will consider the criminal history, if any, and the specific facts surrounding the case to arrive at a determination.

A majority of drug possession cases allow for the completion of a drug diversion program. A drug diversion program involves the completion of drug education and rehabilitation classes. Once the classes are completed to the court's satisfaction, your case will be dismissed. An experienced Los Angeles Criminal Defense attorney can present persuasive argument in court allowing you to complete a program as a means to getting the case totally dismissed.

Potential sentences for drug possession charges will fall at some point within a range set my legislation. For misdemeanor charges, the range will be anywhere between zero days to a year in county jail and not more than $1000 in fines.

For felony charges the range falls anywhere between probation and a year in county jail, or 16 months to three years in state prison.

There is a lot of room for negotiation and leniency in drug possession cases, especially if it is your first offense. A professional Criminal Defense attorney is familiar with all available defenses and arguments that will help reduce, or even full dismissal of the case.

California Health and Safety Code §11359 makes it unlawful to "possess for sale, any marijuana, except as otherwise provided by law". The section is exclusively for possession for sale of marijuana, all other controlled substances and narcotics are regulated by California Health and Safety Code § 11351.

There is no set numerical value or test to show a person is guilty of Possession for Sale. Instead, a subjective test is used to prove that the person had intent to sell the drugs in their possession. To prove intent, Prosecution uses the Totality of Circumstances Method. The Totality of Circumstances method uses the specific facts and circumstances surrounding a case to make an argument.

If a person is found with a bag containing 20 baggies of carefully weighed out marijuana inside and a handful of cash in high bills, Prosecution will argue that they had carefully measured baggies to sell to customers, and the cash was from the sales they had already made. However, an experienced San Diego Criminal Defense Attorney can prepare a powerful defense that will present the facts in your favor.

With a Totality of Circumstances method there is plenty of room for negotiation and defense. A knowledgeable Criminal Defense attorney can provide the strong argument needed to have a case reduced or dismissed. In addition, a majority of cases are offered a plea bargain. An attorney can tell you if the plea bargain offered is the best possible resolution for a case.

Using effective argument, your case may be dismissed. If Prosecution cannot prove that a person had the intent to sell the drugs in their possession the charges may be dropped, or reduced to a Drug Possession. A Drug Possession charge allows many people to complete a Drug Diversion program. Once completed, the Drug Possession charge will be dismissed.

Plea Bargaining is a useful tool in many different criminal cases. A plea bargain is essentially an offer made by prosecution. If you agree to plead guilty prosecution will agree to give you a lesser charge and consequently a lesser penalty.

In drug possession cases, plea bargaining can have beneficial results and with the help of an experienced Los Angeles Criminal Defense attorney may be dismissed. An attorney will prepare a powerful argument convincing the Judge to allow you to enroll in a Drug Diversion Program. Many drug possession cases allow for rehabilitation and education classes that, if completed, lead to a dismissal of your case. This leaves your permanent record clean, and you would not be required to report it when asked.

For example, if a first time offender has been charged with a sizeable quantity of cocaine they could face possibly felony charges. However, a knowledgeable Los Angeles Criminal Defense Attorney would prepare a defense presenting the client in a positive light. The Judge would consider the strong argument presented in court and may grant the option to enroll in a Drug Diversion program, or in the very least reduce the charges. If a Drug Diversion program is completed, the charges will be dismissed. This is not only greatly beneficial to your future, but also helps you with future employment of educational institutions.

Plea bargaining is something everyone should consider. With the help of an expert in Criminal Defense law, you will be able to make the right decision on which offer to accept. The attorney's goal is the same as yours, to have your case dismissed!

California Health and Safety code §11357 makes it illegal to have marijuana in a person's possession. The only exception to this law is if someone holds a valid medical marijuana prescription. A prescription is available to those who are determined to be qualified by a licensed physician. It allows for holders to have in their possession no more than 8 ounces of marijuana to use for medicinal purposes. California recognizes the prescription as a valid exception, but not in vehicles. Even with a medical marijuana prescription, a person is not allowed to have it in their possession while in a vehicle. They may, however, transport it in their trunk, as long as it is the lawful amount or less.

Similarly, a person caught with marijuana in their possession in a vehicle without a valid prescription, may be charged under California Vehicle code §23222. California Vehicle code §23222 states that any person found with not more than an ounce of marijuana in their possession, other than concentrated cannabis, will be found in violation. The charge is that of an infraction and the person will be ordered to pay a fine.

However, a person who is found with marijuana in their possession while in a vehicle will most likely also be charged with marijuana possession under the Health and Safety Code. When a person is charged with multiple offenses, the potential consequences may fall within a wider range.

With recently enacted laws in effect, and the new field of medical marijuana, there is a lot of room for an experienced Los Angeles Criminal Defense attorney to reduce or dismiss charges.

The amount of drugs found in possession of a person in combination of the type of drug will determine the potential sentencing range and the relevant section of the California Health and Safety Code. Consequently, it will determine whether a person is charged with an infraction, misdemeanor or felony.

In general, the smaller the quantity of drugs, the increased chances of being charged with an infraction or a misdemeanor. California law prior to January 1, 2011, made possession of less than an ounce of marijuana a misdemeanor, and anything more than an ounce, a felony. A recent change in California law has made possession of marijuana under an ounce, an infraction. An infraction is comparable to a traffic ticket. It involves no jail time, just a fine to be paid. Being charged with an infraction, other than dismissal, is the best possible result. Due to the relatively new nature of the law, it is unclear what amount will constitute a misdemeanor and a felony under California law.

The potential charge for drugs other than marijuana will depend on the type of drug and the state in which a person is being tried. In California, drug possession charges will be a felony, regardless of quantity, for serious drugs like heroin and crack.

However, first time offenders in the majority of drug cases will qualify for a drug diversion program. A drug diversion program allows a person to enroll in drug education and rehabilitation classes and upon completion, have their case dismissed.

A drug possession charge may also be charged as a felony when it is in conjunction with several other charges. Such charges may include Possession for Sale, or Driving under the Influence of a controlled substance.

A knowledgeable Los Angeles Criminal Defense attorney can provide the persuasive argument your case needs to ensure you qualify for a Drug Diversion program. With changes in law, a drug possession case has a high probability of being dismissed with the right defense from an experienced professional.

Under California Health and Safety code §11350 and §11377, the legislation makes it unlawful to be in possession of certain controlled substances, defined by the code section. The type of drug that a person is found in possession of will have an impact on the potential consequence a person may face.

Those found in possession of amphetamines, including methamphetamines, may face a potential sentencing range established by California Health and Safety Code §11377. A first time offense has the potential of being charged as only a misdemeanor and has a good probability of being dismissed with completion of a Drug Diversion program.

Possession of Cocaine or Crack is regulated under California Health and Safety Code §11350. First time offenders may be charged with a misdemeanor or felony depending on the quantity found. They may serve up to 3 years in jail but have a strong opportunity to be allowed to enrolls in a Drug Diversion program which, upon completion, will lead to a dismissal of charges.

Heroin possession is also included under California Health and Safety Code §11350.
Those found in possession of Heroin face felony charges, including a possible sentence range of 16 months to 3 years in prison and/or up to a $20,000 fine. However, much like amphetamines and cocaine, the courts allow for a dismissal of charges upon completion of a Drug Diversion program for first time offenders.

Possession of marijuana is covered by a different section of the Health and Safety Code, §11357. Marijuana, in its less concentrated form, also allows for Drug Diversion programs to have your charges dismissed. In addition, potential sentences for those found in possession of marijuana depends on the quantity found, and whether the person holds a medical marijuana prescription.

An experienced Los Angeles Criminal Defense attorney has handled thousands of drug cases ranging from methamphetamines to marijuana. Each drug has a different potential sentence depending on the quantity and the circumstances surrounding the offense. In many cases an attorney can prepare a strong argument to allow the completion of a Drug Diversion program which will eventually lead to the dismissal of charges.

Legislators are constantly changing and amending laws that affect California citizens daily. Once changed it leaves open the question of whether the law applies proactively, or from beyond its enactment and how it may impact your already existing case.

The new marijuana law that went into effect on January 1, 2011 may reduce your marijuana misdemeanor charge to an infraction under Senate Bill 1449. However, if you have an already existing offense, and an open case, it is unclear as to how Courts and Judges apply the new legislation.

A knowledgeable San Diego Criminal Defense attorney has researched all new legislation and how it has been applied in courts and current cases. Consequently, they are aware of how Judges are handling cases in the San Diego Criminal Courts. Based on this experience of the Criminal courts they can prepare the best possible argument in your defense so that you can take full advantage of any new laws that will pertain to the facts of your case.

If you have a pending case, or have been arrested in the new year for marijuana possession, it is best to consult a Criminal Defense Attorney who has handled thousands of cases like yours. With new laws in effect, a persuasive attorney may be able to reduce your charges, or better yet, get your case dismissed altogether!

If you are stopped driving under the influence of drugs or alcohol, you may be charged with a DUI. If convicted, your final sentence will depend on several factors, the specific facts of your case and any arguments presented in your defense.

If you are arrested for driving under the influence of prescription drugs, your potential sentence may be on the lower end of the spectrum depending on additional circumstances of your arrest. For example, one of our clients was pulled over for driving under the influence, but had 0 blood alcohol content, but was on prescribed anti-depressants. He was charged with driving under the influence only, with no enhancements or additional charges.

In contrast, if you are pulled over for driving under the influence of illegal drugs: Methamphetamines, Marijuana or Cocaine, you could not only be charged with an enhanced DUI, but may be charged for multiple California offenses.

There are many different combinations of substances that you could be under the influence of while driving and each will illicit a different sentence depending on the brevity of the incident. It is possible to be charged with a DUI with no alcohol involved, just prescription drugs, illegal drugs or both. Some cases involve an alcohol level with drugs. Those cases will have a higher range of sentencing due to multiple charges arising out of the same incident.

If you have been charged with a DUI, regardless of the circumstances it is wise to hire a knowledgeable San Diego DUI Defense attorney who has the knowledge and expertise to prepare the best possible argument in your favor!

The field of Medical Marijuana is fairly new, therefore legislators and courts are still discovering new issues and are uncertain on how to proceed on certain questions. Consequently, determining in which cases a Medical Marijuana Prescription will relieve a person of a charge is assessed on a case by case basis.

Many people who are pulled over for a Driving under the influence of marijuana charge obtain a Medical Marijuana Prescription after the fact and seek to apply it retroactively. The prescription will have only the date the doctor was seen and cannot be legally dated before that.

Nevertheless, this technique has been used repeatedly in court as a defense against a marijuana related charges. Each argument and its effectiveness depends on the Judge and the prosecutor it is presented to. In the majority of cases it has not been a successful defense and Judges have chosen to not honor the post dated prescription.

A well prepared argument made by an experienced Los Angeles Criminal Defense attorney is able to in many cases present a powerful defense that will strengthen your case and weaken prosecution's. This may lead your sentence to be reduced or better yet, dismissed completely!

California Proposition 36, also known as The Substance Abuse and Crime Prevention Act, is a type of Drug Diversion program that was passed by voters in November 2000. It changed State law to allow first and second, non violent simple drug offenders the opportunity to receive drug treatment education rather than incarceration.

Persons charged must complete a licensed or certified community drug education program as a part of their probation. If they fail to complete the program or violate any of the other terms of their probation, they will have to serve an additional sentence which may include incarceration.
Those that will not qualify as a candidate for Proposition 36 are those that have:

Been incarcerated within the last five years for a serious or violent felony offense
Been convicted in the same proceeding of a non-drug related offense.
During the commission of the offense been in possession of a firearm, and at the same time was either in possession of or under the influence of cocaine, heroin, methamphetamines or phencyclidine (PCP).
Refused treatment
Two separate drug related convictions, have participated in Prop 36 twice before and are found by the court by clear and convincing evidence to be unamendable to any and all forms of available drug treatment. In cases such as these the charged will be sentenced to 30 days in jail.

A Southern California Criminal Defense Attorney has handled thousands of Drug cases and has gotten many client's cases dismissed through drug diversion programs. Through years of practice the attorneys at Hoffman & Associates can prepare a powerful argument on your behalf to ensure that you qualify for a drug diversion program and increase your chances of avoiding any jail time!

A diversion program is a program instituted by the District Attorney's office that allows a defendant who has been convicted of a Drug offense to avoid criminal charges and a criminal sentence. The program is designed to help rehabilitate offenders and to alleviate the overflow in time, cost and expense to courts and probation officers.

If someone who has been convicted of a drug offense qualifies for a drug diversion program, they may have the opportunity to avoid prosecution by completing certain requirements of the program. These requirements include completing certain education courses aimed at preventing future offenses, providing restitution to the victims of the offense, completion of community service hours, and avoiding certain situations that may lead to future offenses. This may involve no contact with certain persons, or visitation to certain places.

If a program is completed successfully it may prevent the charge from appearing on a person's criminal record. This provides huge benefits for future employment opportunities, education and social achievements.

Each drug diversion program has its own qualifications and its own requirements. An experienced Los Angeles Criminal Defense attorney has extensive knowledge on all qualifying programs in your area. An attorney will prepare a powerful defense on your behalf to ensure the best possible chance in qualifying for any one of the available programs!

As most terms in the legal field, the word Possession is loosely defined, and as a result many different scenarios may fall under the appropriate meaning for Possession when it comes to a possession charge.

Typically possession will include any drug that is found on your person. This is referred to as physical possession. If it is in your pocket, in your shoe, etc, it will be considered on your possession. This, however, constitutes the simplest definition of possession.

Any type of drugs will also be in your possession if they in an area within your immediate control. This is referred to as constructive possession. If it is in your vehicle, in your trunk or in your purse, it will still qualify under the requirements. It will also be considered constructive possession if someone else is carrying it on your behalf.

When it is constructive possession, it is harder to prepare a defense, but not impossible. A knowledgeable Los Angeles Criminal Defense attorney knows all potential defenses that are available to you and which one has the strongest argument based on the specific facts of your case. If you want the best possible results on your case, be sure to hire an attorney that has plenty of experience and knows how to fight in your favor !

If you are arrested along with the driver of a car in which marijuana is found, you can be legally arrested for drug possession, even if it was not yours. However, if the marijuana was not found in your possession and it was not yours, an experienced Los Angeles Criminal Defense attorney will be able to prepare a strong defense in your favor.

If marijuana is found in your vehicle then you can also be charged with medical marijuana possession charge even if it is not yours. Under this scenario you might need a stronger defense, because prosecution will appeal to the fact that if it is your car, you should have known its contents.
One potential defense a knowledgeable criminal defense attorney may use is that of your constitutional right to be protected from illegal search and seizure.

A good majority of these cases may question the officer's authority to check in the vehicle in the first place. If it was illegally obtained, it cannot be used as evidence in court. Fourth amendment rights are complex and intricate. If you feel there may be a violation of your rights, contact a criminal defense attorney who is familiar with its complexities!

Many of our clients are curious to know if a marijuana conviction would affect their car insurance. Generally, a marijuana conviction will only affect your car insurance if you were arrested while driving under the influence. If you are arrested for possession, then it is not likely that your car insurance rates will go up.

Any arrest that involves driving or a violation of the law while driving will result in your auto insurance rates being increased. Driving while under the possession of marijuana is a more difficult case to prove, because there is no set standard or test to determine whether someone is under the influence or not. Additionally, if you are arrested for a DUI, you are not the one responsible for notifying the DMV, the arresting officer will do it.

If you are arrested for being in possession of any type of drugs including marijuana, this may affect other aspects of your life, such as obtaining a loan, applying for jobs or higher education, but the DMV will not be concerned with it. Additionally, if you are arrested for being in possession, there may be several defenses available to you.

A Los Angeles Criminal and DUI Defense attorney is well versed in the different kinds of law that may affect your case. Your specific facts may allow your case to be reduced or dismissed if the proper powerful argument is made. An attorney may also represent you before the DMV to negotiate your driver's license which may potentially affect your insurance rates. Be well prepared for your court date so that you can get the results that you need!

In California the courts tend to prefer drug treatment over a jail sentence for those charged with drug offenses. The hope of the court is to rehabilitate the offender rather than punish them by a sentence which could increase the probability of a second offense. Depending on the specific facts of your case an experienced Los Angeles Criminal Defense attorney will be able to tell you if you qualify for one of a few alternative sentences.

Many drug offenders qualify for Proposition 36. Proposition 36, California's Substance Abuse and Crime Prevention Act, allows those that have simple drug possession charges and are first or second time offenders to complete a substance abuse program instead of serving jail time. The programs are quite extensive and may include up to one year of education classes, therapy, inpatient or outpatient care and up to six months of aftercare.

Another alternative that may be available is referred to as a Deferred Entry of Judgment (DEJ). When granted a DEJ, the defendant pleads guilty, but is not convicted. The case is put on hold for 18 months and set aside. The defendant must then complete six months of a substance abuse program as well as avoid any additional convictions or charges. After 18 months are over, and the six months of a substance abuse program have successfully been completed, the charge is wiped clean.

The defendant also has the option of completing a Supervision and Treatment program. The program is divided into stages and as each stage is completed the defendant receives additional freedoms. At the end of the program, the charge is dismissed if the defendant has adhered to all guidelines and followed all requisite stages.

One of these alternatives may be available to you in which case your charges could be dismissed leaving your record completely clean. Consult a knowledgeable Criminal Defense attorney who has been practicing for over thirty years and has dealt with thousands of drug possession cases. The attorneys at Hoffman and Associates make daily appearances in all criminal courts in Southern California and have built up a solid reputation in the legal community, a value that is reflected in the zealous advocacy our attorneys provide and the desired results we get our clients. Give our office a call today, and give your case the best possible chance in getting dismissed.