Defense Against Drug Charges:

The most powerful defense for a drug bust or drug crime is the evidence and how it was obtained. Law enforcement gathers most evidence through “search and seizure.” You have a constitutional right to be free from illegal searches and seizures. Therefore, any illegally obtained evidence can’t be used to convict you. This is not automatic. An experienced criminal defense lawyer must challenge in court the way the evidence was obtained. This is a very technical part of criminal law and it is treacherous for the inexperienced criminal defense lawyer. If the challenge is successful then the evidence is “suppressed” and the case may be dismissed.

Sentencing AlternativesIn California, drug treatment is considered more appropriate than jail time for non-violent individuals with drug abuse problems. Depending on your situation, you may be eligible for one of three alternatives:

1. Proposition 36: Under California’s Substance Abuse and Crime Prevention Act, first and second time non-violent “simple drug possession” offenders can receive substance abuse treatment instead of jail time. This includes one year of outpatient, halfway house, narcotic replacement therapy, education classes and/or limited inpatient treatment, plus six months of “aftercare” treatment.
2. Deferred Entry of Judgment (also known as DEJ or Diversion): The defendant pleads guilty, but is not convicted. Instead, the case is put on hold for 18 months while the defendant must take a 6-months drug education classes and avoid an arrest or conviction of another crime. The case is dismissed after 18 months. The felony is completely wiped away.
3. Drug Court: This involves a “supervision-and-treatment” program typically separated into phases that offer the defendant more freedoms as he/she completes each one. In rare cases, jail time is required. Once the defendant completes the program, the case is dismissed.

Stephen G. Rodriguez is an experienced Los Angeles Drug Attorney. If you are undergoing Drug charges in Los Angeles, and need a criminal defense attorney, call Stephen G. Rodriguez at (213) 223-2173.