DRUG POSSESSION – DRUG POSSESSION FOR SALE – DRUG TRAFFICKING – DRUG MANUFACTURING – DRUG CASE DEFENSES

If you have been charged with a crime involving drugs, there is a good chance that this is not the first time issues involving drugs have surfaced in your life. The impact of these cases can often be devastating to not only you, but also your family. California criminal defense lawyer Gabriel Dorman has successfully defended numerous individuals charged with drug crimes in Los Angeles, Orange, Ventura, San Bernardino and Riverside counties. With a focus on what will best serve his clients, he works diligently to help them achieve alternative sentencing, allowing them move forward with their lives with as little impact as possible. In addition to exploring any legal defenses to the case, a successful defense should also include consideration of any alternatives, such as substance abuse treatment, as this can also be a way to achieve a dismissal of the case.

In California, there are four kinds of criminal drug charges: Simple Drug Possession In California, it is unlawful to possess narcotics for personal use. Depending on the kind of drug possessed, will often determine whether the case will be charged as a felony or a misdemeanor. For example, drugs such as cocaine and heroin will result in a felony charge, while possession of marijuana is a misdemeanor. Possession for Sale of Drugs

In California, it is a felony to possess drugs with the intent to sell them. To prove a possession for sale of drugs case, it does not need to be shown that there was an actual sale of drugs. Rather, it only needs to be proven that the individual had the intent to sell drugs. Intent to sell is often proved by looking at a combination of factors such as:

• Amount of drugs possessed
• How the drugs were packaged
• Large sums of money
• Weighing devices such as scales
• Packaging materials such as baggies or bindles
• Cell phones and pagers
• Text messages
• People going in or out of a residence or vehicle
• Notes regarding money paid or owed
• Undercover police officers
• Recorded conversations

Any combination of these factors can be used to charge you with possession for sale. It is not unusual for drug sale cases to be overcharged, meaning that people are often charged as drug dealers even though they are really just drug users in need of help. The penalties for the sale of drugs can be severe, carrying lengthy jail or prison sentences. Los Angeles drug lawyer Gabriel Dorman understands how these cases are investigated and charged. It is this understanding that has enabled him to achieve successful results for his clients, often getting the sale charges dismissed or reduced to simple possession. Drug Transportation (Health and Safety Code Section 11352) In California, it is a felony to transport, import into the state, sell, furnish, administer or give away a controlled substance. To prove a drug transportation charge, it must be proven that the transportation is for the ultimate purpose of selling the drugs. A conviction for drug transportation can carry a sentence of up to five years in state prison. Drug Manufacturing

In California, it is a felony to do any of the following:

• Plant, cultivate, harvest, dry or process marijuana
• Manufacture illegal drugs such as rock cocaine and methamphetamine
• Possess the chemicals necessary to manufacture illegal drugs

DRUG CASE DEFENSES Regardless of whether you are charged with simple possession, possession for sale, transportation/distribution or manufacturing of drugs, an issue that is always a factor is the manner in which the drugs were obtained by the police. Criminal drug cases result from a variety of factual situations ranging from simple traffic stops or sophisticated undercover police sting operations to information obtained by way of a confidential police informant and search warrants. Often police violate a person’s Constitutional rights in an effort to find drugs. Whatever the case, challenging the search for and seizure of the drugs is essential to any successful criminal drug case defense and must be done in every instance where appropriate. California criminal defense lawyer Gabriel Dorman has successfully challenged and exploited illegal police conduct resulting in suppression of the evidence and the outright dismissal of the charges for his clients.

JAIL ALTERNATIVES Fortunately, in California, non-violent drug users have the opportunity to avoid jail sentences and, in some instances, have their cases dismissed through participation in court ordered drug treatment programs.

• Deferred Entry of Judgment (DEJ) – Successful completion of this program guarantees that your case will be dismissed. Participation requires that you plead guilty to the charge(s). Sentencing is then delayed for 18 months, which means that you will not have a conviction. You are then required to attend drug education classes for the first six months. Thereafter, if you manage to avoid another arrest or conviction for another crime, your case will be dismissed after 18 months.

• Proposition 36 – Successful completion of this program can result in your case being dismissed. This program gives first and second time non-violent, simple drug possession offenders to get substance abuse treatment instead of going to jail. Participation requires that you plead guilty to the charge(s) and are thereafter assessed to determine the level of addiction and a course of treatment is tailored to your needs. This treatment can include a number of things including, but not limited to, inpatient drug treatment, sober living, halfway house, outpatient treatment, drug testing, and drug education classes.

If you or a loved one has been charged or accused of committing a drug crime it important to hire a lawyer with the experience to help you achieve the result you deserve. The Law Offices of Gabriel Dorman has successfully defended numerous clients charged with drug crimes in Los Angeles, Orange, Ventura, San Bernardino and Riverside counties. The Law Offices of Gabriel Dorman is committed to defending your legal rights and providing honest and competent representation with a focus on achieving the best result for you.