Drug Crimes

Los Angeles Drug Possession Attorney

Defending Drug Possession Charges

Navigating the intricate judicial corridors of drug possession cases in Los Angeles requires a seasoned legal expert who understands both the breadth and nuances of the law. Rubin Law, P.C. stands at the forefront, offering unparalleled legal expertise to individuals embroiled in drug-related predicaments. Here’s why entrusting us with your case is a decision par excellence.

  • Years of Experiece: With years of hands-on experience in Los Angeles courts, we’ve successfully advocated for numerous clients, mitigating charges and even procuring acquittals.

  • Comprehensive Understanding: Los Angeles drug laws are multifaceted. Our legal arsenal is fortified with an in-depth understanding of drug possession classifications, potential defenses, and the shifting legal landscape.

  • Local Connections: Our familiarity with the intricacies of LA County courts, judges, and prosecutors ensures a tailored approach, maximizing your chances of a favorable outcome.

  • Powerful Defense Strategy: We believe every client is unique, and so is their case. We adopt a holistic defense strategy, delving deep into every aspect, leaving no stone unturned.

  • Client-centric Approach: At RLPC, you are not just another case; you’re our foremost priority. Our team is committed to providing you with transparent, continuous communication, ensuring you’re informed every step of the way.

  • Dedicated Expertise: Drug possession cases can have life-altering repercussions. Trusting your case to dedicated experts, not generalists, is imperative. Our firm specializes in drug-related offenses, making us the ideal advocates in your corner.

How Are Drug Crimes Classified

California's Classification System of Controlled Substances

California’s approach to drug regulation is both meticulous and stringent. It’s crucial to comprehend the state’s classification system to understand the potential legal ramifications of drug possession, sales, or trafficking. Here’s an in-depth examination of California’s system of classifying controlled substances:

1. California’s Drug Schedules

Based on the federal classification system, California has scheduled drugs into five primary categories (from Schedule I to Schedule V). These schedules are defined by factors such as the potential for abuse, accepted medical use, and the drug’s safety under medical supervision.

2. Schedule I (Health & Safety Code Section 11054)

  • Description: Drugs with a high potential for abuse and no accepted medical use in the U.S.
  • Examples: Heroin, LSD, and MDMA (Ecstasy).
  • Charges:
    • Possession: Typically charged as a felony with potential imprisonment of up to 3 years.
    • Sale: Felony with a penalty of 3 to 9 years of imprisonment.

3. Schedule II (Health & Safety Code Section 11055)

  • Description: Drugs with a high potential for abuse but with some accepted medical uses under strict limitations.
  • Examples: Cocaine, Methamphetamine, and certain opioid painkillers.
  • Charges:
    • Possession: Can be a misdemeanor or felony, with potential jail time ranging from 1 to 3 years.
    • Sale: Usually a felony with 2 to 4 years of imprisonment.

4. Schedule III (Health & Safety Code Section 11056)

  • Description: Drugs with a moderate to low potential for abuse compared to Schedules I and II. They have accepted medical uses.
  • Examples: Anabolic steroids, testosterone, and certain codeine products.
  • Charges:
    • Possession: Usually a misdemeanor, with penalties up to 1 year in county jail.
    • Sale: A felony with potential imprisonment of 2 to 4 years.

5. Schedule IV (Health & Safety Code Section 11057)

  • Description: Drugs with a low potential for abuse relative to Schedule III substances.
  • Examples: Xanax, Valium, and Ambien.
  • Charges:
    • Possession: Typically a misdemeanor with up to 1 year in county jail.
    • Sale: Felony charges with potential imprisonment ranging from 2 to 4 years.

6. Schedule V (Health & Safety Code Section 11058)

  • Description: Drugs with the lowest potential for abuse relative to Schedule IV.
  • Examples: Medications with small amounts of narcotics, such as cough preparations containing less than 200 milligrams of codeine per 100 milliliters.
  • Charges:
    • Possession: Usually a misdemeanor with a maximum penalty of up to 1 year in county jail.
    • Sale: Can be charged as a felony, with potential imprisonment of up to 3 years.

Factors Influencing Charges & Penalties

While the aforementioned provides a general framework, it’s essential to note that penalties can be influenced by:

  • Previous drug convictions.
  • The amount of the drug in possession.
  • Presence near schools or involving minors.
  • Other criminal activities associated with the drug offense, such as weapon possession.

Final Thoughts

California’s controlled substances classification plays a pivotal role in shaping the charges and penalties associated with drug offenses. It’s always advisable to consult a knowledgeable attorney, like those at RLPC, to navigate the intricacies of California drug laws and develop a robust defense strategy.

All About

Potential Defenses for Charges of Possession of a Controlled Substance

A charge for possession of a controlled substance can drastically impact your life, often leading to severe legal and personal consequences. However, it’s essential to remember that a charge does not guarantee a conviction. There are numerous defenses that can be employed, depending on the specifics of your case. Knowing and understanding these defenses can be the difference between a conviction and an acquittal.

1. Lack of Knowledge or Intent

For a conviction, the prosecution must demonstrate that the accused knew about the presence of the controlled substance and understood its illicit nature. If, for example, someone else left the substance in your car without your knowledge, this could serve as a viable defense.


2. Insufficient Quantity for Personal Use

Possession charges often hinge on the amount of the substance found. Trace or negligible amounts may not be sufficient for a “personal use” charge, potentially leading to reduced or dismissed charges.


3. Valid Prescription

Possessing a controlled substance is lawful if it’s prescribed by a licensed medical professional and is within the specified prescription limits. If you can prove that the substance was legally prescribed to you, this could result in dismissal of charges.


4. Fourth Amendment Violations

The U.S. Constitution protects citizens from unreasonable searches and seizures. If law enforcement officials did not follow proper procedure, for example, by searching your property without a valid warrant or probable cause, any evidence obtained might be considered inadmissible in court.


5. No Actual Possession

Merely being near a controlled substance doesn’t automatically mean possession. For instance, if drugs are found in a communal living area, the prosecution must definitively prove that they belonged to you and not someone else.


6. Flaws in Lab Analysis

Before a substance can be classified as a controlled substance, it must undergo laboratory analysis. Errors in this process, such as sample contamination or incorrect identification, can be used as a defense.


7. Entrapment

Though a less common defense, there are instances where individuals can argue that they were induced or coerced by law enforcement to commit the offense. Successful entrapment defenses can result in dismissed charges.


8. Chain of Custody Issues

From the moment the controlled substance is seized to its presentation in court, it must be carefully tracked. Any discrepancies or breaks in this chain can cast doubt on the evidence’s integrity and potentially render it inadmissible.


Rubin Law, P.C.: Expertise in Defending Drug Possession Charges

Navigating the maze of potential defenses in controlled substance cases requires an expert hand. At RLPC, our team brings a combination of experience, dedication, and a deep understanding of drug laws to your defense. In uncertain times, clarity and expertise are paramount. Trust your defense to those who have made it their mission to represent and protect. Choose RLPC. for unwavering commitment and legal excellence.

Cases We Handle

Misdemeanor versus Felony Drug Crimes: What You Need to Know

In the realm of criminal law, offenses related to drugs can range from minor to severe, often classified as either misdemeanors or felonies. While both are serious, understanding the distinctions between them is essential. It can make a significant difference in potential penalties, the long-term impact on one’s record, and the overall trajectory of a case.

Misdemeanor Drug Crimes

Misdemeanors, by definition, are crimes that carry less severe penalties than felonies but more so than infractions. When it comes to drug-related misdemeanors, the implications include:

  • Nature of the Crime: Misdemeanor drug offenses often involve smaller amounts of controlled substances, typically for personal use. Examples might include simple possession of marijuana (where not legalized) or possession of certain prescription medications without a valid prescription.

  • Penalties: Consequences for misdemeanor convictions typically involve shorter jail sentences (often less than a year), fines, community service, probation, or mandatory drug education or rehabilitation programs.

  • Long-Term Implications: A misdemeanor might not carry the weight of a felony on one’s record, but it can still impact employment opportunities, housing applications, and other aspects of life.


Felony Drug Crimes

Felony drug crimes are at the severe end of the spectrum, involving more substantial amounts of drugs, intent to distribute, or higher-risk substances.

  • Nature of the Crime: Felonies usually involve situations like trafficking or distribution, manufacturing drugs, or possession of significant quantities that indicate an intent to sell. Possessing drugs in school zones or selling to minors can also elevate a charge to felony status.

  • Penalties: Felony convictions can result in extensive prison sentences (often over a year), hefty fines, and longer probation periods. In some jurisdictions, certain drug felonies can even lead to life imprisonment.

  • Long-Term Implications: A felony on one’s record can significantly impact life, limiting job prospects, voting rights, gun ownership rights, and more. The social stigma associated with a felony conviction can also be challenging.


Key Distinctions

  1. Severity: The primary difference is the severity of the crime, with felonies being more serious offenses involving larger quantities, higher-risk drugs, or intent to distribute.

  2. Penalties: Misdemeanors typically result in shorter jail sentences and smaller fines, while felonies can lead to extended prison time and larger fines.

  3. Long-Term Impact: Felonies often have a more substantial long-term effect on personal and professional opportunities compared to misdemeanors.


Navigating Drug Charges with Expertise

Whether facing a misdemeanor or felony drug charge, the stakes are high. It’s essential to have expert guidance. At RLPC, we understand the intricacies of drug laws and will work tirelessly to defend your rights and ensure the best possible outcome for your situation. When your future is on the line, trust the experts to guide the way.

What Are The

Potential Penalties for a Conviction of a California Drug Crime

California, while known for its progressive stances on certain drug issues, still maintains strict laws and penalties for drug-related offenses. Whether it’s possession, distribution, manufacturing, or another drug-related crime, the consequences can be severe. Understanding these penalties is crucial for anyone facing charges or looking to grasp the complexities of California’s drug landscape.

Possession of a Controlled Substance

Under California Health & Safety Code Section 11350 HS, possessing a controlled substance without a valid prescription is a crime.

  • Penalties: Misdemeanor offenses can result in up to a year in county jail and a fine of up to $1,000. Felony offenses, depending on the drug and the amount, can lead to longer sentences and heftier fines.


Possession for Sale of Narcotics

California Health & Safety Code Section 11351 HS makes it illegal to possess certain controlled substances with the intent to sell them.

  • Penalties: Convictions can result in two to four years in state prison and a fine of up to $20,000. The severity of penalties might increase depending on the type and quantity of the drug.


Manufacturing Drugs

Under California Health & Safety Code Section 11379.6 HS, it’s unlawful to produce, manufacture, or process certain controlled substances.

  • Penalties: Convictions may lead to three to seven years in state prison and fines up to $50,000, with additional penalties if large quantities are involved or if the manufacturing process results in bodily harm.


Transportation and Distribution

Per California Health & Safety Code Section 11352 HS, transporting, importing, or distributing certain controlled substances is illegal.

  • Penalties: Penalties can range from three to nine years in state prison, with sentences increasing if the drugs cross county lines or involve minors.


Drug Paraphernalia Possession

Possessing drug paraphernalia, such as pipes or needles, is a misdemeanor offense under California Health & Safety Code Section 11364 HS.

  • Penalties: Convictions can result in up to six months in county jail and a fine of up to $1,000.


Additional Consequences

Beyond the immediate legal penalties, drug convictions can have lasting ramifications:

  • Probation: Instead of jail time, some offenders might be sentenced to probation, which can involve regular drug testing, mandatory counseling, and other stipulations.

  • Asset Forfeiture: Assets connected to drug offenses, such as vehicles or homes, can be seized.

  • Professional Repercussions: Convictions can impact professional licenses, job opportunities, and educational prospects.

  • Immigration Status: Non-U.S. citizens might face deportation or an inability to adjust status based on a drug conviction.


Protect Your Future with Rubin Law, P.C.

Facing drug charges in California can be daunting. With the myriad of potential consequences and the state’s complex legal landscape, having an experienced legal advocate is paramount. RLPºC. has a proven track record of navigating the complexities of California’s drug laws. Let us be your voice, defending your rights, and working toward the best possible outcome.

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