Category: Drug Crimes

It is all too common for the war on drugs to take precedence over civil liberties and privacy rights. The Fourth Amendment of the U.S. Constitution places limits on the power of police officers to make arrests and conduct searches. If you have been arrested on drug charges in Los Angeles, it is important to understand your rights. If your rights were violated during a search or investigation, it may be possible to have evidence dismissed.

According to the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

The Fourth Amendment protects individuals from unreasonable searches but it also allows search and seizures that are reasonable. The police may override your privacy concerns and search your person, home, office, or vehicle if:

• There is probable cause to believe that they will find evidence that you committed a crime and a judge has issued a search warrant.
• The particular circumstances justify the search without a warrant being issued.
• You are aware of your rights and gave consent for the search.

The Substance Abuse and Crime Prevention Act, known as Proposition 36, is a California law that allows individuals struggling with drug addiction to receive treatment instead of punishment. Rather than spend time in jail or prison for a non-violent drug offense, some individuals can receive treatment in a substance abuse program for up to 12 months with a possible six months of additional aftercare.

To qualify for Proposition 36 sentencing in California, defendants must have been convicted of a nonviolent drug offense. Drug crimes that can qualify under Prop 36 include being under the influence of a controlled substance or possessing or transporting a controlled substance for personal use.

The penalties for distributing or trafficking narcotics are severe in Los Angeles. If you or a loved one has been arrested on suspicion of distributing drugs, there are a number of charges you could face. You will need an attorney who can help you understand the penalties and whether or not it is in your best interest to aggressively fight the charges.

Under California Health and Safety Code 11351, “every person who possesses for sale or purchases for purposes of sale, any controlled substance, which is a narcotic drug, shall be punished by imprisonment in the state prison for two, three, or four years.” According to California Code 11352 (a), every person who transports or imports into the state a controlled substance, “shall be punished by imprisonment in the state prison for three, four, or five years.”

California Attorney General Kamala D. Harris is calling on Governor Jerry Brown to restore funding to the Controlled Substance Utilization Review and Evaluation System (CURES), a prescription drug monitoring program. According to a report in The Los Angeles Times, Harris wants to restore funding to the CURES database because budget cuts have undermined the system. The CURES database includes the names of patients taking prescription narcotics, the doctors who prescribed the drugs, and the pharmacies that dispense them.

When fully funded, the system can be used to detect when a patient is “doctor-shopping” to obtain a surplus of prescription-strength medications. It is not clear if Harris will be able to get the funding necessary to maintain the program, as the governor’s budget does not currently earmark money for CURES.

If you are under investigation for a drug crime, it is important that you understand search and seizure laws. Before conducting a search of your home or apartment, the police are required to comply with state and federal laws. They may only conduct a search if they have obtained a search warrant or if they have reasonable cause to conduct a search. Any evidence obtained while violating federal laws should be thrown out of court. A skilled attorney will seek to have wrongfully-obtained evidence thrown out, charges dropped, and cases dismissed.

Under the 4th Amendment of the U.S. Constitution, you are protected from unreasonable and unlawful searches. “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

It is not just those who possess illegal drugs who run the risk of facing serious charges. There are harsh consequences for possessing prescription drugs as well. Under federal law, prescription drugs are considered to be controlled substances. This makes them similar to dangerous drugs such as methamphetamine and heroin. Anyone facing charges for possession of popular prescription drugs such as adderall, dilaudid, fentanyl, hydrocodone, methadone, oxycodone, oxycontin, percocet, valium, vicodin, or xanax without a legal prescription is looking at severe penalties including jail time and fines.

Prescription drugs are powerful and extremely addictive. In many cases, individuals who are addicted to prescription drugs were at one time legally prescribed the drugs for treatment of injuries or illnesses. Thanks to the Internet, it is easier than ever to purchase these dangerous drugs after a prescription runs out. Individuals who should be getting help are sent to jail.

A 29-year-old man has pleaded not guilty to drug possession charges involving a kilo of ecstasy powder and thousands of steroid pills. According to an Associated Press news report, the man was arrested for picking up a package holding more than two pounds of ecstasy powder. Officials have accused the man of dropping a bag containing approximately 2,500 steroid pills in the car of a man who was also arrested.

Officials were monitoring the package and arrested the two men shortly after the alleged exchange. The 29-year-old man faces up to six years in prison and is currently out of custody on $500,000 bail.

A former member of the band Dio faces driving under the influence (DUI) charges after being involved in a Los Angeles car accident. According to a news report in The Los Angeles Times, the collision occurred on Vanowen Street near Hollywood Way in Burbank.

Officials say the former bassist of Dio turned his 1995 green Toyota Camry left in front of another vehicle while exiting a parking lot. The arresting officer says that the driver failed to pass the field sobriety test and that he was in possession of Vicodin for which he did not have a prescription. He was arrested on suspicion of DUI, possessing narcotic pills, and for an outstanding felony warrant relating to drug charges.

On February 14, a man from Miami pleaded guilty to drug charges related to drug smuggling in Los Angeles, according to CNN.

The man attempted to smuggle cocaine inside Easter eggs. Officials searched his luggage after he arrived at Los Angeles International Airport and found dozens of pastel egg-shaped containers. According to officials, they may not have been noticed if he hadn’t been carrying the eggs just days before Christmas.

The man’s luggage contained a total of 14 pounds of cocaine, which is estimated to be worth over $100,000. Most of the cocaine was inside the eggs, but some was stashed in a paper shopping bag. The man told the officials the eggs were for his children. The man is set to be sentenced on May 5, and could receive up to 40 years in federal prison.

Although this story sounds funny, with the man hiding cocaine inside Easter eggs a couple of days before Christmas, drug charges are no laughing matter. Under California law, drug charges can have serious consequences. The Controlled Substance Act regulates the possession, manufacture and distribution of narcotics, stimulants, depressants, and more. The Act breaks down narcotics into categories. Penalties for Schedule 1 narcotics, which include cocaine, are the most severe. A conviction involving cocaine could mean 20 years in prison for a first offense.

Are you facing drug charges in California? If so, contact the Law Offices of Lawrence Wolf. We will work hard to have any drug charges against you dismissed or reduced. Call our Los Angeles drug crimes defense lawyers today at [number type=”1″] to learn more.