Due to the "War on Drugs," a large number of
criminal cases filed each
year involve narcotics. As a result, many
of the firm's cases involve the defense of those accused of
possessing or dealing in illegal drugs.
Most drug offenses are now felonies. It is still a low grade
misdemeanor to possess a small amount of marijuana. However,
possession of even the smallest amount of cocaine is a felony crime.
Penalties for drug offenses increase based on the activity
as well as the quantity of drug involved. In other words, it is more
serious if you are charged with possessing, say, methamphetamine
with the intent to sell the drug than if you are merely
charged with possessing the meth for personal use.
Manufacturing, (labs)
possession of drug precursors, and transportation or other
trafficking charges are very serious, and can result in lengthy
prison sentences.
Government agents have
sometimes been known to shade the truth or lie to get results in
narcotics cases. Sometimes aggressive defense tactics must be used
to reveal such conduct, or attack a search warrant.
Often there is only
one viable defense to an accusation of drug possession or
trafficking - a motion to suppress evidence, based on the 4th
Amendment, arguing that the search that led to the discovery of the
drugs was illegal.
Drug Diversion
programs, commonly called "1000 PC" for the penal code section that
defines the law, may be available to first offenders. This results
in the eventual dismissal of charges after an education program, and
does not result in a criminal conviction.
"Prop 36" law (enacted to place offenders in rehab instead of jail) can
be a good option for multiple offenders; this law can be complex,
and qualified legal representation is crucial.
Residential drug
treatment programs can, in certain cases, be substituted for jail.
Drug cases of all types are serious, and a creative approach to them
is beneficial to clients.
Sometimes an arrest
can be the start of rehabilitation for those with chemical
dependency problems; we have often turned a negative contact with
the criminal system into a positive new beginning for our clients.
We have also
successfully represented clients in asset seizure cases, recovering
tens of thousands of dollars of property the state sought to seize in drug
cases.
Please visit the rest
of our site to see Doug Allen's unique background, as well as
success in some large
narcotics cases.