DRUG CRIMES

In California, more people are arrested for drug crimes each year than any other offense. The state and federal laws on drugs are complex and confusing to even savvy citizens. Even with the legalization of recreational marijuana, drug charges are on the rise. An arrest, charge, or conviction for drug crimes can turn your life upside down overnight and place your future in serious jeopardy. If you find yourself in this situation, experienced Santa Barbara drug crime defense attorney Christy Horowitz can proactively fight for you, help you overcome drug charges and put you in a position to move forward with your life.

HOW DRUG CRIMES ARE CHARGED

In California, drug crimes generally fall into three categories of offenses: possession for personal use, being under the influence of a drug or possession of drugs for transport (trafficking), sale, or manufacture.  The first two are usually misdemeanors with no more than 1 year in jail and probation as penalties.  The third is a felony that prosecutors take very seriously; it comes with harsh penalties including state prison time.

The choice of drug charge prosecutors select often depends on several factors, such as:

• Type of drug
• Quantity of drug
• Whether it was for sale or for personal use
• Past criminal record of the alleged perpetrator

COMMON DRUG CRIMES

Saying California’s drug crime laws are extensive is an understatement.  Given the nearly endless offenses in California law, a person arrested for a drug crime could be charged with any number of different offenses for a single action.  Some of the most commonly charged drug crimes are:

• Possession of a controlled substance–this could be any substance on the drug schedule which is illegal in California, such as heroin, cocaine, methamphetamine, ecstasy, ketamine, or prescription drugs for which you do not have a valid prescription
• Possession for sale of a controlled substance
• Selling synthetic stimulant compounds
• Transportation of a controlled substance
• Sale of a controlled substance
• Under the influence of a controlled substance
• Marijuana cultivation
• DUI under the influence of drugs
• Manufacturing a controlled substance
• Possession of paraphernalia
• Drug entrapment
• Selling marijuana to a minor 

DRUG CRIME PENALTIES

Depending on the charge, convicted individuals face the possibility of wide–ranging penalties including:

• Incarceration in jail or prison (with enhancements possible for prior drug convictions or other aggravating factors)
• Parole
• Probation
• Fines
• Restitution to law enforcement
• Drug counseling
• Drug treatment
• Mandatory registration as a drug offender with local law enforcement
• Revocation of your driver’s license

Additionally, search warrants executed by police looking for drugs may also result in permanent forfeiture of money, homes, or vehicles, if drugs were found.

Some California drug offenses are also federal crimes and federal sentencing law is extremely harsh for drug convictions. Additionally, if you are convicted of a felony drug charge, you lose the right to vote, serve on a jury, and own a firearm. You may also lose your professional license, may have difficulty finding a job and may have problems with your immigration status.

The potentially devastating impact of these consequences, combined with the fact prosecutors and police often seek felony level drug charges when paraphernalia or a large amount of drugs are found mean you need a dedicated Santa Barbara drug criminal defense attorney in your corner fighting for you to receive compassionate and fair treatment.  Christy Horowitz believes in using all available tools to fight your charges and secure the best possible outcome, including:

• Moving to suppress evidence gathered during illegal searches and seizures of property, vehicles, during pat downs and traffic stops
• Negotiating plea agreements with prosecutors
• Challenging the validity and scope of search warrants executed in your case
• Negotiating for reduced charges
• Negotiating for election of a treatment or Drug Diversion program like PC–1000 as an alternative to jail time