Drug Crimes
KNOWING THE LAW MAKES ALL THE DIFFERENCE IN
MOUNTING A DEFENSE.
How Drug Cases Are Viewed by Law Enforcement
There
are
many
kinds
of
drug
charges.
Drug
crimes
include
simple
possession,
possession
with
intent
to
sell,
transporting,
importing,
and
possession
of
pipe
or
paraphernalia.
Police
and
prosecutors
think
of
people
who
sell,
transport,
or
import
drugs
as
the
“bigger
fish.”
In
other
words,
police
and
prosecutors
would
rather
prosecute
“drug
dealers”
because
it
makes
police
and
prosecutors
appear
more
accomplished.
So
naturally,
there
is
a
tendency
for
prosecutors
and
police
to
exaggerate
the
nature
of
a
case
to
view
even
borderline
cases as “dealer” cases. This is called over-charging.
How To Handle Drug Cases
Drug
use
and
addiction
are
serious
societal
problems.
Unfortunately,
our
criminal
justice
system
operates
inconsistently
in
handling
these
cases.
On
the
one
hand,
our
criminal
justice
system
provides
for
harsh
punishments
such
as
jail
or
prison.
On
the
other
hand,
the
system
also
offers
treatment
programs,
rehabilitation,
education
and
second
chances
for
offenses
of
this
nature.
However,
these
options
are
typically
available
only
to
those
who
are
just
users
of
drugs.
If
the
prosecutor
can
successfully
characterize
your
case
as
“selling,”
“transporting,”
or
“sharing”
of
drugs,
the
case
is
more
serious
and
so
second
chances
and
treatment
options
are
no longer available.
Your
defense
attorney
needs
to
be
skillful
and
experienced
enough
to
be
able
to
determine
when
the
prosecutor
really
has
enough
evidence
or
whether
your
case
is
being
over-charged.
Over
charging
is
an
insidious
technique
meant
to
coerce
an
accused
person
into
pleading
guilty
to
a
lesser
crime
in
order
to
avoid
being
possibly convicted of a more serious crime.
Experience
makes
the
difference
but
the
laws
are
changing and so must an effective defense
Some
drug
crimes
are
misdemeanors
and
some
are
felonies.
Some
drugs
are
not
illegal
to
possess.
Some
involve
mandatory
jail
time,
while
some
charges
do
not
allow
courts
to
impose
ANY
confinement
time.
Even
more
confusing
is
that
the
same
case
or
conduct
can
be
both
a
felony
and
a
misdemeanor.
Some
drug
charges
can
be
easily
bargained
down
to
lesser
crimes
while
other
charges
involve
plea
deals
which
the
law
guarantees
can
be
dismissed,
like
it
never
happened.
Courts
will
offer
special
deals
such
as
DEJ
(Deferred
entry
of
Judgment),
Prop
36,
drug
court,
conditional
pleas
and
informal
diversion.
Each
deal
has
it
advantages
and
disadvantages.
There
are
complicated
defenses
and
changes
in
the
law
from
year
to
year
that
can
make
a
difference
in
your
defense.
Hire
only
a
lawyer
who
is
experienced
enough
and
gets
educated
regularly
on
changes
in
the
law
to
help
you
navigate
your
way
through
all
the
possible
charges,
defenses,
and
sentence
options.
Professor
Sabado
and
Mr.
Patel
have
handled
nearly
two
thousand
drug
cases
each.
Together
they
have
seen
your
kind
of
case many times over.