If you are facing drug charges, you should first know that our experienced attorneys have handled thousands of drug and drug-related cases both as prosecutors and defense attorneys. Many of these types of cases can and have ended in dismissals. The law has significantly changed in order to better reflect a tendency toward rehabilitation rather than punishment for possession and use matters and there are many alternatives to jail, including outright dismissal, alternative and reduced sentencing and charges, formal and informal diversion/drug counseling. Determinative factors include an individual's prior history, the type of case, and whether the case is defended properly by an experienced attorney.
We handle all drug and drug-related criminal cases, including being under the influence, possession, possession for sale, possession of drug paraphernalia (such as possession of syringes, scales, pipes, etc.), transportation, distribution, manufacture, solicitation for sale or purchase of drugs, dispensing or furnishing drugs, selling controlled substances to minors, and any and all other drug-related charges. Presently, the more popular drug charges involve cocaine, crack, methamphetamine, heroin, ecstasy, marijuana, ketamine, PCP, and GHB. If you have been arrested for one of these charges, it is important to contact an attorney as soon as possible to find out what can be done immediately.
We handle all DRUGS AND NARCOTIC CRIMES and OFFENSES:
- Trafficking
- Possession
- Distribution
- Manufacturing
- Transportation
- Cultivation
- Marijuana Cultivation
- Possession
- Under the Influence
- Possession for Sale
- Soliciting for Drugs
COMMONLY ASKED QUESTIONS AND ANSWERS
Q: What is the difference between formal and informal diversion?
A: Formal diversion programs involve programs such as Deferred Entry of Judgment (DEJ), Drug Court, and Proposition 36. These programs are legislatively funded, formal, structured programs offered to people charged with a use or possession charge. Upon successful completion of these programs all charges will be dismissed. In order to enter into one of these programs a plea must be entered which will be dismissed upon successful completion of drug counseling and related classes.
Informal diversion is an informal agreement between the prosecuting agency and/or the judge not involving a plea for the individual charged to do some task, such as attend narcotics anonymous classes, do volunteer work, pay a fine, etc. in order to obtain a dismissal. The benefit to informal diversion is that the individual does not have to enter a plea, hence there is no conviction on a record to dismiss at a future date. Informal diversion is a rare occurrence. However our attorneys have been very successful in obtaining such results in certain cases.
Q: What if the search was illegal?
A: If it is determined by the court that the search of your person or property or seizure of the drugs was illegal, then all charges will be dismissed. A Search and Seizure Motion is filed with the court and argued before a judge. Oftentimes, a successful motion requires legal research and can involve the calling of witnesses, including the officer that performed the search and/or seizure. The experience of an attorney can be greatly beneficial in such matters.
Q: What if the drugs weren't mine?
A: Depending on the case and the evidence, the case could be dismissed against you or you could be acquitted at a jury trial. However, because the law allows for constructive possession, (when a person does not have actual possession, but has the power to control an item) you still can be charged and convicted of the crime. It is important to speak to an attorney to find out the strengths or weaknesses of the evidence in an individual case. The individual facts can make a difference in the outcome..
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111 W. Saint John Street, Suite 605, San Jose, CA 95113