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There are five effective strategies that criminal defense attorneys use to try and get a drug possession charge dismissed. These are to show that: you did not “possess” a drug; you wish to enter a drug diversion program; you had a valid prescription for the drug; you did not know that the substance in possession …
Under California Health and Safety Code 11350a HS, a prosecutor can charge you with possession of a controlled substance if you possess certain prescription drugs without a lawful prescription. A valid prescription, however, would be an effective defense to these charges. Possession of a controlled substance is typically a misdemeanor offense punishable by up to …
Most states define drug trafficking as selling, transporting, or distributing large quantities of illegal drugs. Trafficking is one of the most high-level drug offenses, and what makes it so serious is the large volume of drugs. Trafficking is sometimes referred to as drug distribution. Drug trafficking is typically charged as a felony and is punishable …
The drug laws of most states say that the amount of jail or prison time that you may face for illegal drug possession will likely vary depending on: the type of drug in question, the quantity of the drugs, whether the drugs are held for personal use or for sales, and the defendant’s prior record. Depending on the particular facts …
While researchers are currently trying to create a workable breathalyzer-type device to test for THC, or the psychoactive compound in marijuana, modern breathalyzers cannot detect THC or weed. Rather, police officers currently rely on field sobriety tests and tests that examine saliva and blood to help determine if a driver is under the influence of …
States have three primary approaches as to how much cocaine it takes to trigger felony charges: Some states treat the possession of any amount of cocaine, even very small amounts, as a felony. Other states have a specific threshold amount (such as 500 milligrams in New York) that makes it a felony. A third set …
In California, absent a valid prescription, it is a crime to possess, to use, or to be under the influence of benzodiazepines such as Xanax. These are considered Schedule IV drugs under the Controlled Substances Act and are subject to strict regulation. Benzodiazepines, also known as “benzos,” are the most commonly abused type of prescription …
The Ambien defense is a legal defense to charges of driving under the influence of drugs (DUID). The defense is largely based on the fact that some prescription drugs and sleeping medications (such as Ambien) can put a person in a trance similar to sleepwalking. When this happens and a person is driving it is …
Las Vegas hotel security guards are not police. Therefore, they are not bound by the Fourth Amendment. They do not need search warrants – or a constitutional exception to the search warrant requirement – to search a hotel patron for drugs. However, hotel security rarely searches patrons for drugs without their permission. In practice, hotel …
First-time drug possession offenders in Arizona generally must be granted probation instead of jail. But there are three exceptions. First-time offenders convicted of drug possession for personal use may be jailed if: The drug was methamphetamine; or The drug was marijuana, and the quantity was two or more pounds (“threshold amount”); or The defendant was …
Truvada While it has not yet been proven, it seems that Gilead Sciences, Inc. had the ability to bring safer, TAF-based versions of its HIV pills to the market up to a decade earlier than they actually did. Victims who took the more dangerous, TDF-based versions of the pills and who have suffered from their …
This is a scenario our California drug crimes defense attorneys see frequently: A defendant is arrested with a substantial quantity of methamphetamine (or another drug) and charged with, for example, Health and Safety Code 11378 HS possession of methamphetamines for sale. Possession of meth (or other drugs) for sale is a California felony. If you …
Drug overdoses in California kill more people than car wrecks. In Orange County alone, 2,078 people died from overdoses between 2008 and 2012. Many people who die from an overdose could have survived if they had received medical attention immediately. That’s why California has a law that shields individuals from some drug charges if they …
The short answer is yes. Possession of nitrous oxide in California–for recreational, non-medical purposes–is a crime under Penal Code 381b PC. Many people are surprised to hear this. Nitrous oxide–often referred to as “laughing gas”–is often seen as more of a harmless diversion than “hard” drugs like cocaine or methamphetamine. It is probably less addictive than …
If you are convicted for manufacturing drugs near an Orange County school, be prepared to serve an even longer prison sentence than you would if the crime was committed anywhere else. In August 2015, Gov. Jerry Brown signed SB 212 into law. New Health and Safety Code Section 11379.6 permits judges to tack on up …
If you are arrested and charged with a San Bernardino County prescription drug offense, the penalties can be severe. Prescription medications are “controlled substances” as defined under California law, and the laws that apply to controlled substances such as heroin and cocaine also apply to prescription drugs if they are possessed, used, sold, or acquired …
Yesterday a clear majority of California voters passed Proposition 47, the “Safe Neighborhoods and Schools Act.” In a nutshell, here is what Prop 47 does to criminal law in California: Prop 47 changes some California crimes from potential felonies to misdemeanors. These crimes include: Grand theft auto and grand theft firearm IF the car or gun …