Drug charges in CA encompass various offenses like Possession, Under the Influence, Transportation, Sales, and Cultivation of Controlled Substances. Controlled substances can range from Marijuana to Methamphetamines to prescription drugs.
With the recent decriminalization of most possession charges from Felonies to Misdemeanors through Prop 47, the instances of Sales or Transport cases – filed as Felonies – has increased. Simple Possession charges can usually be handled by moving the person into a Diversion Program like Prop. 36 or PC 1000.
Most people are arrested for drug related offenses because a cop searched them and found drugs. Drug related crimes are mostly beat by beating the circumstances of the Arrest. That is, by showing that the cop didn’t have reasonable suspicion or Probable Cause to detain, search or arrest you. It’s important that your Lawyer know the state of Search and Seizure law and keep current with the latest Fourth Amendment related decisions.
If you’re stopped for any reason by a cop and they ask if they can search you, say no. You have a right not to consent to a search. These rights have been hard fought and well earned by lawyers fighting day in and day out to secure them. Don’t waste your rights by not asserting them.
Also, if you’re stopped for any reason by a cop, don’t talk to them. Either say nothing or say “I’d like to talk to a lawyer before I talk to you.” If you don’t talk to you, the cops can’t lie about what you told them.
It’s important in drug cases to conduct a Pitchess/Brady investigation into the cops honesty. Most cops involved in Drug Enforcement have complaints in their personnel file made by other people whose rights those cops have trampled. The Pitchess/Brady discovery is obtained by making a motion under the two cases to have the Judge review the cops personnel file for complaints by people who’ve previously alleged the cop planted evidence, falsified his report or abused his authority.
At a Motion to Suppress or Trial these complainants can be used as witnesses to impeach the cops honesty and credibility.
Every drug case is different. I’ve been successfully defending and developing strategies to successfully defend drug cases for over 17 years.
I know what’s at stake for you.
And I will use all my skills to make sure you beat the drug charges.
Call me to set up a consultation at (213) 479-5322.
CASE STUDY NUMBER ONE
John D. was standing in a park. The cops were nearby in their car. They said they heard the sound of glass falling. They got out of their car and approached John. They asked John which of the glass crack pipes on the ground was his. John pointed to one and identified it as his.
If John had not responded to the cop’s inquiry, he never would have been arrested because the cops didn’t have probable cause.
CASE STUDY NUMBER TWO
Steve J. was hired by a dispensary to transport marijuana from a northern California grow to their southern California shop. He drove south and stopped just on the LA side of the grapevine. He spent the night in a hotel. During the night there was an altercation with a neighbor. The cops were called. Steve was arrested for fighting. The cops searched the person he was driving with’s car and found 20 pounds of marijuana. Steve was arrested and charged for transport of marijuana as a felony. The person who owned the dispensary disappeared. Steve had nothing from them in writing. Steve couldn’t claim medical marijuana defense.
A motion to suppress the marijuana was made. Since Steve was arrested and the driver was not, the cops had no probable cause to search the vehicle.
CASE STUDY NUMBER THREE
Bob F. was hanging out at the Burger King parking lot after hours eating a meal he’d bought at the drivethru. Cops searched him after he said they couldn’t. They supposedly found methamphetamines. Bob was arrested.
A motion to suppress was made based on Bob’s not having given consent to search. A Pitchess/Brady motion was made in conjunction because Bob said the cop lied. Four complaints for dishonesty and planting evidence were found.