Effectively Responding to Drug Accusations
If you've been charged with a drug crime, you have a number of options within a complex part of the criminal justice system. You should carefully consider search and seizure issues, diversion programs, medical marijuana laws and other matters with the help of an experienced defense attorney.
I am David L. Fisher, a San Luis Obispo-based criminal defense lawyer who has been practicing law in California for more than 30 years. I have helped many clients deal effectively with drug charges. Contact me to schedule a free initial consultation.
Understanding the Specific Charges Against You
Assessing your drug charge requires an understanding of the laws and common practices involved with each type of drug and the associated criminal charges.
For illegal drugs, you can be charged with possession, sale, distribution, trafficking, manufacturing, cultivation, processing and other crimes. Prescription fraud and related charges can be brought if you are accused of misusing legal prescription drugs. The following are drugs commonly involved in criminal charges in San Luis Obispo County and Santa Barbara County:
- Marijuana
- Methamphetamine (meth)
- Cocaine
- Heroin
- Methadone
- OxyContin® and other painkillers
Marijuana can give rise to sometimes complex issues in California. While marijuana possession laws are not heavily enforced, they are definitely still on the books. The police are tougher on marijuana sales, including the charge of "possession with intent to sell." This charge can be brought based on indirect evidence such as the amount of the drug. Law enforcement may also try to interfere with patients' and providers' rights under the state medical marijuana laws.
Exploring All of Your Defense and Diversion Options
There are a number of options for responding to a drug charge. Many drug charges arise out of either traffic stops or unannounced searches of the homes of people who are on probation. In some cases, it is possible to challenge the legality of the search.
There are several other defenses available in drug cases. If, on the other hand, the prosecutors have fairly solid offenses against you, it may still be possible to get you into a diversion program under the Proposition 36 (Prop 36) or PC 1000 process. If you successfully complete one of these programs, the charges will be dismissed.
If you've been charged with a crime, don't hesitate to contact us to discuss your options.
