Drug Crimes Defense Lawyer in Long Beach, CA
Drug possession and distributing, or trafficking charges are not uncommon in Long Beach, California. The criminal penalties for those convicted may be harsh and often life-changing.
At Cron, Israels & Stark, our top priority is to protect our clients from a conviction and have charges dismissed when possible. Various legal options may help protect you from the damaging impact drug charges can have not only on your freedom, but your reputation and career as well.
If you have been arrested or are under investigation for possession or distribution of prescription drugs or controlled substances such as cocaine, heroin, or methamphetamine, you should contact our Long Beach drug crime defense attorneys to review the case details and legal options.
California drug laws are often confusing and complex, and difficult to understand without the guidance of an experienced defense attorney. For example, possessing a small amount of certain controlled substances may lead to felony charges.
Possession charges involving prescription drugs such as oxycodone, Vicodin, Percocet, Klonopin, and other drugs prescribed for the treatment of pain, anxiety, and other conditions have become common.
Regardless of how minor or serious the situation may seem, it is crucial to seek the legal guidance and support of a dedicated drug possession lawyer in Long Beach to have the best chance of a favorable result.
Can You Win a Drug Crime Case?
Possibly. It all depends on the charges, the facts of your case, the evidence, and other factors. Sometimes, police may violate your rights during an arrest.
For example, an illegal search and seizure may be performed, or an operation set up to trap a suspect, called "entrapment."
In this situation, law enforcement may use tactics to lure you into something you would not have done had they not enticed you or “lured” you to take the action they were trying to get you to take.
Simply put, entrapment defenses apply when law enforcement officers induce you to commit drug crimes you would not have otherwise committed. This defense requires showing that police actions went beyond providing opportunities and actually created criminal intent.
If this occurs, our Long Beach drug crimes defense attorney will often make a motion to suppress the evidence. This may result in all charges against you being dismissed.
We will review your case to determine whether mistakes or errors were made by the police, which could be beneficial to the outcome of your case, and inform the best way to proceed.
Key Takeaways
- Long Beach law enforcement agencies and prosecutors are known for their aggressive stance on drug crimes.
- Drug possession falls into two main categories: simple possession and possession with the intent to sell.
- In November 2014, California voters approved Proposition 47, legislation that reduced simple possession charges from a felony to a misdemeanor. This offense carries a penalty of no more than one year in jail.
- The DA may consider the quantity and packaging when deciding whether to charge a defendant with possession.
- Simple possession typically applies to cases involving a "usable quantity" of a substance.
- Prosecutors often use evidence like large drug quantities, packaging, scales, or cash to prove intent to sell.
- California law allows for a Deferred Entry of Judgment (DEJ) in cases of drug possession for first offenders..
- After the DEJ program is completed, defendants can seek a full dismissal of the charge in court.
- Proposition 36 is a drug treatment program as an alternative to jail for people not eligible for DEJ.
Drug-Related Crimes and Penalties
California law details numerous drug offenses, including enhanced penalties for specific drugs under the California Uniform Controlled Substances Act. Typically, however, most drug prosecutions in Long Beach involve the following primary offenses:
- Drug Possession (HS 11350) This law criminalizes the unlawful possession of controlled substances, including prescription drugs, without a valid prescription. Simple possession is usually a misdemeanor.
- Drug Sales (HS 11351). This crime involves possessing or purchasing controlled substances with the intent to sell. This felony carries sentences of two to four years in state prison and fines up to $20,000.
- Drug Transportation (HS 11352). This law prohibits selling, transporting, or distributing drugs. The statutory language means even minor involvement in distribution can lead to serious felony charges.
- Drug Manufacturing (HS 11379.6). This law targets the production of drugs, such as manufacturing and processing controlled substances, with penalties of up to five years in state prison and fines up to $50,000.
California Penal Code 4573 makes it a crime to knowingly bring controlled substances into a jail, prison, juvenile detention facility, or any other custodial institution.
Under Business & Professions Code 25603 BPC, it is a serious offense for anyone to bring liquor into any prison, jail, or reformatory.
The California Uniform Controlled Substances Act imposes enhanced penalties for drug offenses involving specific scheduled substances. For example, Schedule I and II drugs, which are considered the most dangerous, often result in the most severe penalties.
Schedule III, IV, and V controlled substances often result in reduced sentences. Notably, factors such as drug quantity, proximity to schools or parks, and involvement of minors can further enhance penalties beyond standard ranges.
Repeat drug offenders often face harsher consequences under California's recidivist statutes. Prior drug convictions can increase misdemeanor charges into felonies and substantially increase potential prison sentences for subsequent offenses.
California Penal Code 4573.5 prohibits bringing or possessing drugs or alcohol inside a jail or prison, sending or attempting to send controlled substances into a correctional facility, and knowingly transporting contraband into detention centers.
Other Common Drug-Related Offenses
- Drug possession while armed (HS 11370.1)
- Methamphetamine possession (HS 11377)
- Methamphetamine sales (HS 11378)
- Drug paraphernalia (HS 11364)
- Marijuana transportation (HS 11360)
- Possess marijuana while driving (VC 23222(b))
- Prescription fraud ((HS 11173)
- Under the influence of drugs (HS 11550)
- Operating a drug house (HS 11366)
- Drug money possession (HS 11370.6)
- Money laundering (PC 186.10)
- Cultivation, possession, or sale of marijuana
- Possession or manufacturing of heroin
- Sale of prescription drugs
- Unauthorized possession of prescription drugs
- Smuggling or importing of illegal drugs
Criminal Enforcement of Drug Crimes
The Long Beach Police Department is the primary law enforcement agency for most drug offenses occurring within city limits. The Los Angeles County Sheriff's Department frequently assists with complex investigations or operations.
Police often conduct targeted operations with undercover investigations. Sometimes, they work with federal law enforcement agencies, such as the Drug Enforcement Administration (DEA), to identify and arrest individuals suspected of drug-related activities.
The Los Angeles County District Attorney's Office is the primary agency that prosecutes most drug cases in Long Beach.
Typically, Long Beach drug charges are handled in the Long Beach Courthouse, also known as the Governor George Deukmejian Courthouse, located at 275 Magnolia, Long Beach, CA 90802.
This state trial court is an L A County Superior Court with jurisdiction over cases that take place in Long Beach, Signal Hill, Catalina Island, San Pedro, Wilmington, Harbor City, and portions of the county strip.
Defenses Against Drug Crimes
Our extensive experience includes drug possession, possession with intent to sell, trafficking, and crimes related to prescription drugs, providing our clients with a strong and knowledgeable defense.
Our law firm can also petition the courts to seal the records concerning this case, following the successful completion of the drug education program, which is permitted under Penal Code Section 851.90 PC. Our California criminal defense attorneys can use various strategies to fight your case.
Perhaps we can argue that you were unaware of the presence or nature of controlled substances found in your possession or vicinity. This is relevant in cases involving shared vehicles, residences, or areas accessed by multiple individuals.
Perhaps we can test the prosecution's ability to prove guilt beyond a reasonable doubt. Perhaps there are issues with the chain of custody for physical evidence, question laboratory testing procedures, or highlight gaps in the prosecution's case.
Unlawful searches are one of the most common and successful defense strategies in drug cases. Evidence obtained through illegal searches can often be excluded from trial proceedings. For more information, contact our criminal defense law firm, Cron, Israels & Stark, based in Los Angeles, CA.