Drug Crimes
With few exceptions, all drug crimes in California are felony offenses that can lead to state prison sentences of more than one year and can have other life changing consequences if not aggressively defended. Most drug crimes carry a prison sentence of up to three years or more. Even those few misdemeanor drug crimes such as the possession of marijuana for personal use and the possession of paraphernalia can lead to loss of employment, loss of a professional license or deportation.
California drug crimes break down into two categories. First is simple possession. Second, is aggravated possession such as transportation, direct sales, possession for the purpose of re-sale, manufacturing or cultivation.
A charge of simple possession of virtually any drug, including the harder drugs such as methamphetamine, heroin, cocaine or PCP can often be successfully dismissed in California. Simple possession, is defined as knowingly having a "useable quantity" of a prohibited substance in one's possession. There are two ways to get a "simple possession" charge handled and completely avoid jail. A first offender can usually obtain "Deferred Entry of Judgment (DEJ)" on a simple possession charge. DEJ can even be available to persons with a prior record under some circumstances. DEJ allows the accused to complete a drug education school and obtain a complete dismissal of the charge.
A second strategy to avoid a jail sentence on a simple possession, even if their are prior felony convictions or drug related priors is to participate in what is called "Proposition 36." Proposition 36 was a California voter initiative that requires that persons with drug cases who don’t qualify for DEJ be allowed to participate in treatment rather than go to jail. Successful treatment can lead to earning a dismissal of the drug case.
Transportation of narcotics, possession for the purpose of re-sale of drugs, manufacturing or cultivation and conspiracy are the other more serious drug crimes. Some of these charges are punishable with mandatory prison sentences. Therefore, these more serious charges necessitate expert knowledge of the law, and the attention of an experienced criminal defense attorney.
Because many drug cases begin when the police seize drugs from a citizen, in their automobile, or in their home, expert knowledge of search and seizure law is required to determine when a search is illegal and can result in a drug case being thrown out. In September of 2007, Long Beach's certified criminal law attorney, Matthew Kaestner was able to obtain a dismissal of all charges in a third strike drug case. Attorney Kaestner was able to convince the judge who signed the search warrant in the case that the warrant was illegal and that the police should of known it was illegal. The search was ruled illegal and the case dismissed. (People v. Suggs, Long Beach case no. NA074597.)
In short, an expert criminal law lawyer, with the experience to know the finer points of search and seizure law can win a "Motion to Suppress" drugs and other evidence seized in violation of the Fourth Amendment of the U.S. Constitution. The Fourth Amendment prohibits certain searches by the police. All people in California are protected from unlawful searches by the Fourth Amendment. As noted above even searches based upon signed search warrants do not necessarily mean they were lawful. It can take years of training and experience in the intricacies of search and seizure law to identify an unlawful search and then convince a judge to dismiss the case.
Any narcotics conviction will have life changing consequences. A plea of guilty to a narcotics case can lead to jail or even prison. Employment opportunities can be greatly diminished and in other cases non-citizens with life-long residency in California can be deported.
In Long Beach, the Long Beach Police Department continues to arrest medical marijuana patients who are lawfully, growing, using and possessing marijuana. Medical marijuana patients are routinely arrested and prosecuted for cultivation, possession for sale or simple possession even when they are behaving within the dictates of the medical marijuana law. Long Beach criminal attorney Matthew Kaestner not only is familiar with the medical marijuana law, but has successfully defended accused patients.
If you find yourself or a family member charged with a narcotics offense, don’t delay. Call a criminal law attorney immediately. To obtain more information about narcotics law or the court system's treatment of a drug arrest, contact Long Beach Criminal Law Specialist Matthew G. Kaestner directly at (562) 437-0200.
Long Beach's Criminal Law Specialist Matthew G. Kaestner is a criminal law attorney with over 23 years experience in all types of criminal law cases, including narcotics offenses, murder charges, white collar offenses, all felonies, DUI, domestic offenses, battery, and other serious criminal law matters.
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