Wednesday, March 25, 2015

A Drug Lawyer Will Provide the Defense You Need to Stay Free

As a California drug lawyer, I understand how people may view the State of California as a drug-friendly state; therefore, being naive to the seriousness of drug related prosecutions. This is a huge mistake.  
Even though California may be more friendly to users of medical marijuana, it is not a “drug-friendly” state and both law enforcement and the prosecutor’s office work diligently to arrest, convict, and jail drug users, traffickers and drug sellers.  

While this may conjure up images of Hollywood movies portraying high-tech drug runners, most of the people that are arrested for drug crimes are fairly normal people.  They are teenagers, students, parents, and professionals.  From all walks of life, people are arrested and convicted of drug crimes on a daily basis. 
If you use drugs recreationally, there are a few things you need to know: All non-prescription drugs are illegal.  All prescription drugs are illegal if you are not the person to whom the drug is prescribed. Also, many people do not understand that even if you are using medical marijuana that is legal in California, it is still illegal on a federal level. 

RECREATIONAL DRUG USE IS STILL CONSIDERED ILLEGAL EVEN IF YOU ARE NOT SELLING OR TRANSPORTING.   There are certain drugs such methamphetamine where if you are caught transporting the chemicals necessary to make the drug, you could be arrested, even if the drugs are not actually produced.  With this in mind, I always recommend that you avoid using or transporting drugs or the chemicals to manufacture drugs.  Doing so puts you at major risk for arrest and possible conviction.

The consequences of drug crimes become even more severe when you sell drugs in ANY quantity near a school.  As a drug lawyer, I have represented clients who were arrested for selling drugs near a school, without even realizing a school was nearby. Prosecution does not need to prove that you had the intent to sell drugs near a school.

It is also important to understand the difference between possessing drugs for personal use and possessing drugs with the intent to sell. Each illegal substance has a threshold on how much an individual can possess to be considered consumption for personal use. Going beyond this amount puts you at great risk for being charged with a substantially more serious crime. For example, it is much more difficult to show that a defendant was carrying marijuana for personal use when she has 4 pounds of portioned marijuana in the trunk of her car.

As a drug lawyer, part of my job is to ensure that if you are arrested for a drug crime, the charges are as light as possible.  This, for example, could mean getting the accusation of selling drugs reduced to simply possessing or using drugs.   These subtleties make a big difference in what fine you will have to pay, if you have to go to jail, for how long, and even the type of jail that you would go to upon conviction.   It is important to note, however, that your defense starts from the moment you are arrested. Our office is available 24/7 to answer your phone calls. 

Thursday, March 5, 2015

A Criminal Defense Attorney Explains Your 5th Amendment Protections

The role of a criminal defense attorney is two-fold. First my job is to ensure that your constitutionally guaranteed rights, under both the state and federal statutes, are not violated over the course of the trail. Second my job is to make sure that you get a fair and equable trial, in a speedy manner that ideally results in your acquittal or in the court finding you to be not guilty. As such I have extensive training in criminal law, specifically the laws that allow me to protect you from an unjust prosecution. The Founding Fathers understood the importance of a quick, fair, and equable trail and enshrined these principles in the Bill of Rights or the first ten amendments to the Constitution of the United States. In keeping with these principles, states have established their own laws to augment these rules which is why you should always involve a skilled criminal defense attorney, who understands all these laws, if you are ever accused of a crime.

For a criminal defense attorney, there are certain laws that are so deeply enshrined that we use them every day to protect the rights of our clients and ensure that they are not taken advantage of. One of these ideas is found in the Fifth Amendment and has been universally accepted by all the states. In fact, our state has additional laws that protect your Fifth Amendment rights even more rigorously. A point that is of particular importance, if you have been accused of a crime and your criminal defense attorney has not yet arrived on the scene, is that you cannot be compelled to make any statements that could later be used to incriminate you. Sometimes a zealous prosecutor will try and coerce you to confess to a crime, promising things like a lighter sentence or threatening you with the a more severe consequence if you do not comply. This is exactly the kind of thing that the Fifth Amendment protects you against, where it specifically prohibits anyone from compelling you to make a statement that is self-incriminating. As such I strongly urge you to never make any statements, or confessions, until you have had a chance to speak with me (your attorney) first.

Another right that is duly enshrined in the Fifth Amendment is your right to due process. You are protected from three specific acts against you until you have been arrested, charged, and had a chance to go before a judge with your criminal defense attorney. You are protected from the loss of your freedom, the confiscation of your property, and the loss of your life. While it may seem like these are common sense, there are people who will willfully seek to convince you that you cannot protect your freedom or your property unless you fully cooperate with the authorities. This is a fallacy and is designed to give them what they want which is typically not in your best interest. Getting you safely through the due process is one of the most important functions I, as your criminal defense attorney, perform.