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You
Need an Expert to Help You
The consequences
of drug cases vary greatly, based upon charges filed.
Is it under the influense? Possession? Sales? Are
you eligible for "Proposition 36" drug
treatment? Are you eligible for "drug court"?
WHAT ARE THE TYPES OF DRUG
CHARGES?
- Possession of Drug
Paraphernalia: Mere possession of items
that can be used with illegal drugs can be prosecuted,
whether or not drugs in useable amounts are actually
found.
- Under the Influence
Charges: These are situations where the
police have arrested someone they believe is under
the influence of an illegal, non-prescription drug.
This can be related to driving, or even being on
the street in an intoxicated condition.
- “Simple Possession”:
Relates to a person having illegal drugs in his
or her possession, or under their “dominion
and control”, such as in an automobile. The
amount must be so small that it can be consumed
by a single person, and must not be packaged in
such a way as it appears to be for sale.
- Possession for Sales:
Means that the amount is so great that no single
person could use it all in a reasonable time or
way. The police and district attorney “assumes”
that it must be for sales because of the amount
and/or packaging. Sales charges result in much greater
penalties, as a rule.
- Sales, Transportation,
Trafficking, and Distribution of Drugs:
These are the most serious type of charges. These
can result in many years of imprisonment.
- Money Laundering:
Hiding money made in connection with drug sales.
- Cultivation of Drugs:
This is growing drugs, such as marijuana.
WHAT ARE THE SENTENCING FACTORS
- The type of drug found, e.g.
marijuana vs. cocaine
- The quantity found
- The presence of weapons
- Other crimes involved
- Prior drug convictions
- Large sums of money found
WHAT POSSIBLE SENTENCES CAN
BE IMPOSED?
- Deferred Entry of Judgment,
where charges are dismissed after completing a program
- Fines and restitution
- Straight “summary probation”
where you needn’t report to Probation; just
obey all laws
- Community Service, e.g. Caltrans.
- Drug Programs, e.g. “Proposition
36”
- County jail up to one year
- State Prison
WHAT SHOULD I DO IF I AM CHARGED WITH A DRUG CRIME?
Do not speak to the
police without an experienced drug attorney present.
The police are not your friends in these situations
and statements that you think are “exculpatory”,
i.e. that show your innocence, can actually be incriminating
in the hands of the police. After hiring an attorney,
be frank with him or her; your statements are protected
by attorney-client privilege and your attorney needs
to know what really happened to present your best
defense. Make sure that you give your attorney the
names of all possible witnesses to the events, and
describe everything to him. Something that you think
is insignificant can have great legal meaning and
can determine the outcome of the case.
Discuss the possibility of
“drug diversion”, “drug court”
or “deferred entry of judgment” to avoid
charges on your record. Consider the possibility of
an inpatient drug rehabilitation program if drug or
alcohol addiction is the real problem. Consider issues
of “search and seizure” with your attorney
to see if there is a way to exclude the drug evidence
against you. Discuss the risks of going to trial,
in case trial becomes a real possibility.
WHY SHOULD I HIRE KENNETH H.
LEWIS FOR MY DRUG CASE?
Because Kenneth H. Lewis has
been successfully handling all types of drug cases
throughout his 33 year career. He understands the
terrible impact these cases can have upon defendants
and their family, and will fight to the end to see
that you get the very best results possible. All potential
defenses will be explored in depth, such as search
and seizure, diversion, drug court, deferred entry
of judgment, negotiation, and if necessary, trial.
No stone will go unturned in representing you to the
fullest extent possible!
Kenneth H. Lewis is one of
the relatively few lawyers to have actually argued
a case before the California Supreme Court, People
v. Leon. This drug case involved over 80 kilograms
of cocaine. He is not only admitted before all the
courts in California, but also the United States District
Court for the Central District of California, the
United States 9th Circuit Court of Appeal, and the
United States Supreme Court, where he appeared at
counsel’s table in the case of California vs.
Rooney.
Call now, day or night, for
a free consultation.
LAW OFFICES
OF KENNETH H. LEWIS & ASSOCIATES
633 West Fifth Street, 26th Floor
Los Angeles, CA 90071
TELEPHONE:
213-624-4904
E-MAIL: Kenhlewis@losangeleslegaldefense.com
FAX: 213-623-7301
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