The measure was aimed to reduce prison overcrowding by reducing a number of felonies to misdemeanors, including certain theft crimes by raising the threshold from $400 to $950, as well as certain drug-related charges. Moreover, the Proposition provided that the money saved from incarceration will be funneled towards the funding of mental health and drug treatment programs, K-12 schools, and crime victims.

A number of studies have demonstrated that the measure more or less achieved its aims, with a decline in recidivism, reduction of prison population, and savings of over 800 million dollars. Moreover, since the passage of Prop 47, the rate of violent crimes, burglary, or robbery, has not increased. However, opponents of the measure have continuously argued that Prop 47 is the reason for the uptick of retail theft during the COVID pandemic as well as the increase in homelessness in the state. An attempt to amend Prop 47 in 2020 failed at the ballot box.

This is year, however, there is a new initiative on the ballot, Proposition 36 (The Homelessness, Drug Addiction, And Theft Reduction Act). It aims at rolling back some of the changes made by Prop 47, by increasing the penalties for certain theft and drug crimes. Proposition 36 has wide support across the political spectrum, including endorsements by the mayors of San Francisco, San Diego, and San Jose, as well as a number of Democratic state legislators. More importantly, polls show that overwhelming majority of Californians support it and the measure is destined to become law.

Therefore, it is important to summarize the main changes that Proposition 36 will bring and how they might affect a person in the future:

• First, the initiative provides for a new “treatment-mandated felony.” This new type of crime would allow DAs to charge someone with a felony for a third drug-related offense. Under the new felony, if a person does not contest the charge, he or she would be given the chance to participate in a drug or mental health treatment and upon completion of the court-mandated treatment have the charge expunged from their record. However, if the person refuses or fails to complete treatment, they would get to serve up to three years in prison.
• Second, under Prop 36, judges will be obligated to warn all individuals convicted of distributing any amount of the so-called “deadly drugs” like fentanyl, heroine, cocaine, and methamphetamine, that if in the future they distribute such drugs to a person who later dies from them, that they could be charged with murder. This provision will make it easier to prosecute such a person for murder in the future and it will apply to anyone, including individuals who provide a friend with drugs.
• Third, the initiative adds fentanyl to the list of drugs that result in a felony charge if the person possesses any amount of the so-called “deadly drugs” and a loaded firearm, even if the person is in lawful possession of the firearm.
• Forth, Prop 36 would increase the criminal penalties for some theft crimes when the person has had two or more prior theft-related convictions. In such cases, the person can be charged with a felony for a subsequent theft crime regardless of the value of the stolen property. Furthermore, the initiative will give DAs discretion to add together multiple unrelated misdemeanor thefts in order to charge a person with a felony instead of misdemeanor petty theft.
• Finally, the measure provides for the addition of harsh mandatory sentencing enhancements. The initiative adds fentanyl to the mandatory sentencing enhancements for drug sale or possession. Moreover, it gives judges discretion to impose sentencing enhancements when a person steals, destroys, or damages any amount of property by acting jointly with two or more other people; or if the person acts alone but causes losses exceeding $50,000.

As already mentioned above, Proposition 36 is set to pass in November 2024 and become a law. The measure will have serious consequences and impact negatively countless people, especially minority and low-income communities.

If you or a loved one has been arrested, the highly skilled and reliable attorneys at the Justice Firm are here to help and answer any questions you might have. Our criminal defense attorneys have decades of experience representing individuals in all misdemeanor and felony cases and you can contact them today for a case evaluation locally at (310) 914-2444 or at our Toll-Free number at (866) 695-6714, or click here.

On December 7, 2020, Los Angeles County District Attorney George Gascon was sworn in as the County’s 43rd District Attorney. Following his defeat of Jackie Lacey, a DA who had built a reputation for a “tough-on-crime” approach, Gascon went straight to work making changes to his office true to his platform of criminal justice reform, progressive services, and rehabilitative prosecution. A main goal of his platform being lowering the prison population.

Gascon’s less punitive approach to crime includes no more gang enhancements, eliminating cash bail (including no longer seeking bail for anyone facing a misdemeanor charge or non-violent or non-serious felony), ending use of the death penalty, and providing resentencing eligibility. These major changes are expected to lead to the early release of thousands of state prison inmates whom Gascon said are unfairly serving overly long sentences.

The initial response to Gascon’s sweeping changes has included significant pushback and criticism by the public, victims and victims’ families, victims’ rights groups, Los Angeles prosecutors’ unions, and law enforcement. Gascon has in turn responded by adhering to his platform and reminding the public that he previously served as an LAPD assistant chief of police and has seen the broken inner workings of the Los Angeles criminal justice system. He stands by his position of reducing jail overcrowding and addressing more insidious issues in the District Attorney’s office including racism. What Does This Mean If I Am Facing Charges Or Have A Pending Case?

The new District Attorney’s office changes are having a major impact on new filings and pending cases. Beginning through not filing or stoping the filing of first-time misdemeanor offenses – associated with poverty and mental health such as loitering or public intoxication – and eliminating bail, going all the way to no more gang enhancements on filings and changes to sentencing; the DA changes affect cases of all sorts. Both new arrests and those already in the Los Angeles Superior Court system as pre-trials or awaiting trial outcomes. Misdemeanors and felonies.

Having your attorney work up your case is an opportunity you cannot miss. Your attorney will work aggressively at preventing charges, reducing the charges (in type or from a felony to a misdemeanor), and laying the foundation for your entire case defense. We can also guide you through the process of obtaining release via the new DA measures. This will result in you being as well prepared as possible to minimize the consequences of a criminal case with an attorney that is familiar working and negotiating with the Los Angeles District Attorney’s office.

What Do I Do Now?

If you or a relative or friend is currently in custody, has recently been arrested, or is facing an investigation or case; you must seek professional counsel. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience resolving cases successfully that are being prosecuted by the Los Angeles District Attorney’s office. Remember, you cannot leave your defense up to the parties that are trying to convict you. Contact us now for a Free Consultation.

In November 2016, California voters overwhelmingly passed Proposition 57 (64% to 35%) to enhance public safety, stop the revolving door of crime by emphasizing rehabilitation, and prevent Federal Courts from releasing inmates.

Under Prop 57, CDCR incentivizes inmates to take responsibility for their own rehabilitation with credit-earning opportunities for sustained good behavior, as well as in-prison program and activities participation. Prop 57 also moves up parole consideration of non-violent offenders who have served the full-term of the sentence for their primary offense and who demonstrate that their release to the community would not pose an unreasonable risk of violence to the community. These changes will lead to improved inmate behavior and a safer prison environment for inmates and staff alike, and give inmates skills and tools to be more productive members of society once they complete their incarceration and transition to supervision.

Lastly, Prop 57 allows Judges, not Prosecutors, to decide whether to try certain juveniles as adults in Court. Prop 57 sought to restore Juvenile Court Judges’ authority over juvenile offenders by allowing Juvenile Court Judges to determine whether or not juveniles aged fourteen and older should be prosecuted and sentenced as an adult, repealing California Proposition 21, which was passed in March 2000.

What Does Prop 57 Mean For Existing Sentences and Parole Eligibility?

There are three main provisions under Prop 57, two relating to adults and one to juveniles:

Adults:

1. Parole Eligibility Changes

2. Credit Awards Changes

Juveniles:

3. Direct Filing Eliminated

Offenders who commit multiple crimes against multiple victims will be eligible for release at the same time as offenders who only committed a single crime against a single victim.

• Repeat offenders will be eligible for release after the same period of incarceration as first time offenders.
• Offenders whose sentence was enhanced for especially egregious conduct will be eligible for release at the same time as those who did not engage in the egregious conduct.
• CDCR will have unlimited authority to award credits to all inmates, in excess of the current 15%, 20% and 50% conduct credit limitations.
• Juvenile offenders who commit violent crimes like murder, rape and carjacking cannot be filed on as adults. They must be filed on in Juvenile Court and can only be found unfit by a Judge.

What Will Happen To My Conviction And Sentence Under Prop 57?

Prop 57 allows for parole consideration to any person convicted of a non-violent felony offense and sentenced to state prison after completing the full term for his or her primary offense. The full term for the primary offense means the longest term of imprisonment imposed by the Court for any offense, excluding the imposition of an enhancement, consecutive sentence, or alternative sentence. This can mean drastically reduced eligibility periods for those facing long consecutive sentences.

Under Prop 57, inmates who comply with the rules, avoid violence, and perform duties assigned to them, are eligible to earn Good Conduct Credits. Inmates who participate in approved rehabilitative and educational programs shall be eligible to earn Milestone Completion Credits, Rehabilitative Achievement Credits, or Educational Merit Credits. Inmates who perform a heroic act in a lifethreatening situation may be eligible to receive the Extraordinary Conduct Credits.

What will the expanded credit-earning opportunities do for inmates? Credits earned for good conduct and rehabilitative and educational achievements can advance an inmate’s release date if sentenced to a determinate term, or advance an inmate’s initial parole hearing date if sentenced to an indeterminate term with the possibility of parole. Credit-earning opportunities are available to all inmates. What Do I Do Now?

If you or a relative or friend is currently in custody or served a sentence or consecutive sentences for a non-violent felony offense including theft, grand theft, grand theft auto, grand theft firearm, receiving stolen property, forgery, fraud, possession of a controlled substance, you may be eligible for relief; even if you have been denied parole. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching and preparing strategies for parole under Prop 57. Contact us now for a Free Consultation.

Since assuming office in January 2019, Governor Gavin Newsom has proven himself a firm proponent of broader criminal justice reforms. He has been supportive of bills to address prison overcrowding and rehabilitative/reentry measures for California prison inmates.

Since the announcement of the California Major Disaster Declaration due to Covid-19 (Coronavirus) on March 22, 2020; much focus has been placed on prison sentence commutations and alternative sentences. Specifically when it comes to prison releases, within weeks of the emergency Governor Newsom had commuted sentences of 21 California prison inmates and granted pardons to half a dozen others. This includes over a dozen inmates convicted of homicides. As Coronavirus spreads into the prison system, the Governor’s office has taken immediate measures to reduce crowding and protect the population’s health.

What Does Covid-19 (Coronavirus) Mean For Prison Inmates?

Governor Newsom’s office is taking unprecedented measures with the prison system during this health crisis. They include locking down facilities, shutting down inmate visitation and volunteer programs, blocking transfer of county jail inmates to prisons, and creating distance measures in custody from dorm to dorm and between inmates and prison employees.

The Governor’s office has now gone a step further making sentence commutations and immediately releasing prison inmates. Over 3,500 inmates are to be released early due to the crisis.

These early releases are occurring throughout California’s 35 prisons for inmates who are scheduled for release in the next sixty (60) days and for those who meet sentence relief criteria. Lawyers representing inmates in ongoing appeals and resentencing petitions are putting pressure on the prisons and Courts to take more action.

When it comes to commuted sentences, Governor Newsom’s office said via a press release that now “In addition to the public safety and justice factors that the governor normally considers when reviewing clemency cases, he also considered the public health impact of each grant, as well as each inmate’s individual health status and the suitability of their post-release plans, including housing.” Thus far nearly all of those granted commutations were convicted of violent crimes. How Can I Get Early Release?

Sentence commutations and early release dates are being achieved using complex measures. It is critical to file the necessary petitions with the correct parties and carefully monitor these filings. In particular nonviolent crimes and inmates with upcoming release dates can petition for early release. Violent crimes and individuals with vulnerable health conditions may pursue sentence commutations.

The California Department of Corrections and Rehabilitation can be challenging to navigate at any time. More so now that employee restrictions and facility reorganizations can lead to confusion and delays. It is of the utmost importance to assess each case’s factors individually and make a clear plan.

What Do I Do Now?

If you or a relative or friend is currently in custody serving a sentence or awaiting sentencing to a California State Prison or County Jail Facility, you may be eligible for relief. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching, strategizing, and preparing filings. Remember, an early release can also provide life-saving if the inmate is high-risk for health issues. Contact us now for a Free Consultation.

On November 4, 2014 California voters passed Proposition 47, known as the Criminal Sentences, Misdemeanor Penalties, Initiative Statute. This referendum – also called the Safe Neighborhoods and School Act – recategorized some nonviolent offenses as misdemeanors rather than felonies. These offenses included crimes of theft, fraud, and drug possession.

The objective of Prop 47 was to reduce overcrowding in the state’s prison system and provide an opportunity for nonviolent offenders to obtain release and rehabilitation services. Monies saved as a result of Prop 47 would be allocated toward education and dropout prevention, mental health treatment, and drug abuse programs. All meant to keep offenders out of the prison system.

What Does Prop 47 Mean For Existing Sentences?

Prop 47 affects both future convictions and retroactively covers offenses already sentenced. A petition for resentencing would be necessary and previous felony offenses (or wobblers) would be reduced to misdemeanors and resentenced. This reduction of the punishment for the crime is referred to as a commutation or commuted sentence.

Prop 47 has already reduced California’s state prison population by tens of thousands. In the first year alone since passing 4,700 offenders were resentenced and released.

The original deadline for petitions to resentence under Prop 47 was November 4, 2017; however, due to the number of petitions made and eligible sentences, Governor Jerry Brown extended the deadline to November 4, 2022.

What Will Happen To My Conviction And Sentence?

Appealing your sentence under Prop 47 can be done by those currently serving a sentence as well as those who have completed their sentence. The process begins by filing a petition to modify the sentence (resentencing). The Judge will determine whether the conviction would have been a misdemeanor under Prop 47, grant the petition for resentencing by changing the conviction to a misdemeanor, and (if you are still serving a sentence) make an immediate reduction to your sentence. Typically resulting in release from incarceration.

For those who have already completed their sentence, the reduction from a felony to a misdemeanor can restore your rights to serve on a jury or the armed forces, improve your employment opportunities (given that you no longer have to disclose you have been convicted of a felony), and allow you to pursue professional licensure (such as insurance or real estate). Overall, the reduction of the offense from a felony to a misdemeanor means a better quality of life and future outlook.

What Do I Do Now?

If you or a relative or friend is currently in custody or served a sentence for a felony offense including theft, grand theft, grand theft auto, grand theft firearm, receiving stolen property, forgery, fraud, possession of a controlled substance, you may be eligible for relief. It is critical you consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience researching and preparing petitions under Prop 47. Remember, not only is the relief immediate on a commuted sentence but the impact on your future from seeing the felony reduced is significant. Contact us now for a Free Consultation.

The rapidly expanding pandemic crisis of COVID-19 has had sweeping effects on everyday life. Due to Center For Disease Control (CDC) recommendations California has taken immediate measures to protect the public by enforcing social distancing and restrictions of gatherings of more than ten (10) people. This has meant immediate actions by the California Supreme Court and the California Superior Courts. Trial and Appeal Courts have moved to cease operations by closing doors and postponing pending matters. In the Los Angeles Superior Court, only critical in-custody matters with substantive pending hearings are being dispositioned. All other matters – trial or otherwise – are being continued by the Court for 30-45 days.

With the CDC recommending drastic changes in American lifestyle to limit the spread of the Coronavirus, it is uncertain if the Courts will resume normal operations in the next 60-90 days. How Does This Affect My Case?

If facing criminal charges, appeal deadlines, or post-conviction relief; you have rights. The right to a speedy trial and appeal are not lost due to national emergencies. As an individual, you must take action to ensure you are continuing your defense. Although physical hearings are being postponed, documentation is still being processed behind-the-scenes. This means prosecutors and investigators are continuing forward with new filings against you. It is important you further your defense via conferences, electronic document submissions, or fax lines made available to your attorney.

What Will Happen To My Pending Appeal?

Court operations may be in chaos; however, legal time to appeal and statutes of limitations remain. Having competent legal representation moving your case forward and monitoring the events on your pending filings will ensure nothing is falling through the cracks. If there is a failure on the Court’s part to respond or properly process, these failures may be brought up to the advantage of your defense. Can My Case Be Hurt Or Helped By Any Of These Events?

The response to the Coronavirus pandemic is in an effort to protect the public’s health. The Courts are enforcing federal recommendations so as to protect their employees. This should not come at the expense of the public’s interests. Cases pending in the judicial system should neither be hurt nor helped by these events. Practically speaking, a postponement of a pending hearing that the Court has not deemed “critical” can have a devastating impact on an individual and waiting for a delayed response on a pending filing can be confusing and frustrating. Your attorney will protect your rights and maintain the necessary communication with all parties. If there is any failure by the Court, your attorney will make sure that your case is not hurt.

What Do I Do Now?

If you are facing new charges, an inmate, friend or relative of a defendant, consult with an experienced and qualified Criminal Defense Lawyer. Our California team has years of experience defending serious cases through to successful early disposition, trial, post-conviction, and appeal outcomes. Contact us now for a Free Consultation.

Salas worked at Los Angeles International Airport, and previously worked as a CBP officer at Ontario International and John Wayne airports. He was tried and sentenced after authorities say he was helping move illegal drugs from Southern California to Chicago, specifically marijuana, cocaine and heroin.

With drug laws changing frequently in California, it’s hard to know how serious the charges are and what the punishment may be when someone is convicted (found guilty). How serious the penalties are also depend on other factors such as prior criminal convictions of the accused.

Possession of a controlled substance such as cocaine, crack, heroin, or ecstasy was once considered a felony, however with the passage of Proposition 47, most of these offenses are now charged as misdemeanors. This means that if convicted, the accused would be sentenced to a maximum of one year in jail and possibly face a fine of up to $1,000.

Another drug crime is the offense of “possession for sale” of controlled substances. While it doesn’t sound all that serious, a person found guilty of this drug offense may be sentenced to four years in prison. What if a person had a controlled substance in his or her possession, but wasn’t intending to sell the drug? This happens all too often – and it’s why you must work with a skilled Los Angeles drug crime defense attorney. Police officers and prosecutors take may factors into consideration when deciding whether someone possessed an illegal substance for their own personal use, or intended to sell the drug. One factor is how much of the drug the person has in his or her possession. If it seems too much for personal use, you may be charged with possession for sale.

The most serious drug offense of all is the crime of trafficking, which means manufacturing, selling, possessing, or otherwise participating in the distribution of an illegal substance such as methamphetamine, cocaine, heroin, crack, etc. The penalties for trafficking vary depending on criminal history, amount of substance involved and other factors. In cases where the distribution of a drug involves more than 80 kilograms, 25 years can be added on to a prison term.

Whether you are suspected of possession or selling illegal substances, it is important that you consult with a defense lawyer immediately. The action you take from the onset will have a huge impact on how your case ends; a seasoned attorney will protect your legal rights and freedom. Law enforcement officials are NOT your friends, so never answer questions or provide information other than your name or identifying information. If you have been arrested or are under investigation, contact The Justice Firm right away.

In this case the murder of the victim occurred in an area commonly known as one where drug crimes and other violent activity took place, the block referred to as “Mead Street” in West Oakland which runs between Market Street and San Pablo Avenue. Reports claim that while drug dealers would operate at various locations on Mead, the main site where drug activity took place was at a corner liquor store. McDaniels was convicted of one count each of first-degree murder and felon in possession of a firearm.

The jury in the case determined that McDaniels intentionally and personally discharged a firearm that resulted in the victim’s death, and concluded three firearm enhancements along with the murder count were true. He was sentenced to 25 years to life for the murder along with 25 years to life for the discharge of a firearm causing death to be served consecutively, a total of 50 years to life behind bars. In the two additional firearm enhancements, 20- and 10-year terms were stayed. McDaniels was 29 at the time he was charged with the murder; Charles Fuller was also charged in the crime.

In October of 2017 Senate Bill 620 was signed into law by Governor Jerry Brown and took effect in January of this year. This law essentially takes the power to add firearm enhancements away from prosecutors, instead leaving the decision as to whether firearm enhancements should be added to sentencing to the judge. Prior to the passing of SB 620 gun enhancement penalties often added years or even decades to the amount of prison time a convicted offender would serve.

On April 17 of this year a San Francisco appeals court upheld McDaniels’ murder conviction, however a three-judge panel ordered further consideration of his sentence. The appeals court found that in light of SB 620 which applies retroactively, the sentencing court is given the discretion to dismiss or strike firearm enhancements. The matter was remanded to the trial court for consideration of the firearm enhancements, and whether they will be dismissed.

While the murder conviction stands, McDaniels’ sentence will be further considered by the trial court. Whether the firearm enhancements will remain or be dismissed is a question we will hopefully have an answer to in the near future.

Possession and sales of illicit drugs and narcotics is a huge problem in LA and surrounding areas. In fact, given the opioid epidemic it’s a growing problem across the nation. From oxycodone, fentanyl and cocaine to heroin, methamphetamine and other substances, people are finding themselves facing criminal charges that could result in punishment including a few months in jail to years or even decades behind prison bars depending on the person’s criminal history, type and amount of drug involved and other factors.

In December a Riverside couple was charged with three counts of possession of a controlled substance for sale and possession of drug paraphernalia after they were allegedly selling methamphetamine from their home and using a drone to deliver the illegal substance. News reports also stated unpackaged powders believed to contain fentanyl were discovered at the home.

These cases may be high profile because of unusual circumstances, however people are arrested every day for the illegal possession and sale of drugs. In most instances a person found in possession of a controlled substance such as heroin, cocaine, meth or ecstasy will face felony charges. It’s also important to note the drugs do not have to be on an individual’s person in order to for that person to be charged with a drug crime. Possession may occur when drugs are discovered in a handbag, vehicle, or in the suspect’s home.

What may seem at first to be possession could end up being a charge of possession for sale if it is determined the amount of drug someone is in possession of is more than what would be considered typical or “normal” for personal use. Other indicators that tip off investigators in a drug case include whether there are materials found that indicate drugs are being packaged for sale, scales, baggies, and other paraphernalia.

The punishment for those found guilty of a possession for sale charge are serious and may include between two and four years in prison, a fine of up to $20,000 and even deportation for those who are not a U.S. citizen. In some instances the penalties may be even more severe, for example cases involving heroin or cocaine. There are several factors considered when determining punishment including whether the defendant has a prior drug conviction.

Anyone found guilty of possession of drugs or possession for sale (possession with intent to sell) will have a criminal record that’s available for the whole world to see. This has a negative impact on every aspect of your life when you do complete sentencing. A criminal record makes it hard to obtain housing, find employment and more as most landlords and employers will run a background check. When they see you have a criminal record, the odds of getting a job or renting a house or apartment plunge.

It’s important to realize that even when you’ve been arrested for a drug offense you have rights. You have the right to remain silent; you do not have to answer questions when interrogated by police, and in fact you should ask for your attorney before answering ANY questions. When your freedom and future may be in jeopardy, the first step you should take is to consult with an experienced Los Angeles drug crimes attorney.

In Los Angeles, marketing of illegal drugs is an especially profitable industry. However, there is no question that illegal drug manufacturing and distributing leads to more serious criminal activity. Drug abusers not only commit robbery and even murder in their quest to obtain illegal narcotics and other substances, lives are destroyed every day because of addiction.

The good news in all of this is that California has taken the necessary steps to change the policies which have long been in place regarding certain drug crimes. In the past, lawmakers, police, and prosecutors were focused on one thing – making those who allegedly committed a drug crime, regardless of its seriousness, pay in the form of jail/prison time, steep fines, and other harsh penalties. Now, many of the changes that have been made focus on helping those with drug addiction and/or abuse problems get the help they need to get back on a positive path, rather than punishment. For those who qualify, Los Angeles County now offers alternative sentencing options for some drug offenses.

Alternative sentencing options make it possible for some offenders to avoid jail or prison time. For example, someone arrested for possession of a controlled substance may be eligible to participate in a drug diversion program. In some situations, an individual may be able to avoid a criminal conviction altogether by participating in these programs. Essentially, drug offenders are able to get help for substance abuse issues while staying out of jail.

In 2000, Proposition 36 was singed into law. Under this law, non-violent first- and second-time offenders are generally required to participate in a court-approved drug treatment program.

Another option available to certain offenders is deferred entry of judgment. This diversionary option makes it possible for those who are eligible to avoid a criminal conviction and remain out of jail/prison by completing a drug education/treatment program. In this program, successful completion will result in the judge dismissing the charges. The criminal charge against the individual is suspended for the period of time the person is completing the program.

There are many factors which are considered in determining whether an individual will qualify for alternative sentencing options, including prior criminal record and the type of drug charge. An experienced Los Angeles drug crimes attorney can review your case and help determine whether you may be eligible to avoid harsh criminal penalties by participating in a drug diversion program.

According to a news article at TheTimesNews.com, Lowe pleaded guilty in February to possession of drug paraphernalia, misdemeanor possession of marijuana, and possession of stolen goods. He was initially charged with maintaining a dwelling for controlled substances, a misdemeanor offense, and felony possession with intent to sell and distribute marijuana. Police had received a report regarding possible drug activity in the apartment the two athletes shared. Upon searching the apartment (which the suspects apparently allowed), police discovered digital scales and marijuana.

Los Angeles drug crime attorneys understand that it makes do difference what state you live in; when a young college-age student gets into trouble with the law, it is extremely stressful for both the student and the parents. Teens and young adults make mistakes, as even adults do. It is important to note that not every case involving drugs is vigorously prosecuted, and there are alternatives available in some situations that focus on rehabilitation rather than criminal punishment.

In this case, Lowe may have faced serious consequences had he not worked with a criminal defense lawyer who explored alternative sentencing options. By staying out of further trouble, performing community service and participating in an alternative program, Bolling and Lowe were able to avoid prosecution – and possibly jail/prison time.

In the state of California, individuals charged with certain drug offenses may be eligible for one of three sentencing alternatives. These include drug court, deferred entry of judgment or DEJ, and Proposition 36. Whether or not a defendant will qualify for any of these options depends on the circumstances in each individual case. Non-violent offenders are more likely to qualify for these alternative sentencing programs, which you can learn more about by speaking with an experienced criminal defense attorney who focuses on drug offenses.

If you have been charged with a drug crime, a skilled Los Angeles drug crime defense lawyer with The Justice Firm will thoroughly review your case to determine if you may be eligible for any of the options above so that you can avoid jail time and other harsh penalties.

An investigation into the drug smuggling operation began in early 2011. Since that time, authorities have seized 20 kilos of brown heroin, 30 kilograms of cocaine, 16 kilograms of white heroin, and over 2,400 lbs. of methamphetamine. News reports also claim 18 firearms and over $1.2 million in cash have been recovered in connection with the alleged narcotics transactions.

Mexico-based Miguel Angel Molinero-Castro was the initial focus of the investigation, believed to have stashed significant quantities of controlled substances in PVC pipe which were further hidden inside the axles of tractor-trailer rigs. These shipments were received at South Gate and Wilmington truck yards. Authorities claim the distribution network also encompassed some suburban homes in Sylmar and Sun Valley.

According to federal indictments made public on August 15, members of the drug ring sought to smuggle substantial quantities of illegal drugs across the border from Mexico into San Bernardino and Los Angeles Counties. During this time, suspects’ coded telephone conversations were being tracked by federal agents.

Several members of the drug trafficking ring have been charged in one indictment with maintaining drug-involved premises, conspiracy to distribute narcotics, distribution of methamphetamine, and possession to distribute controlled substances. A second indictment unveiled earlier in the month contains allegations by prosecutors that the network also distributed heroin which was concealed in PVC pipes and further hidden under lumber being transported by truck.

Smuggling illicit drugs and narcotics across the border from Mexico into the U.S. has long been a problem. Not only have drugs been smuggled in the manner described above, an illegal cross-border tunnel which runs underground was discovered last year in Tijuana, Mexico. The lit, ventilated tunnel is 220 yards long, and begins underneath a bathroom sink in a Tijuana warehouse. Just this year, Mexicali is where authorities confiscated an improvised cannon which was used to “fire” marijuana packets into California by hurling them across a border fence.

Penalties for drug trafficking are harsh, and leave those convicted facing life-changing consequences. If you have been accused of a drug offense, consult with a competent and aggressive Los Angeles drug crimes lawyer regardless of minor or serious the offense seems. It is critical to obtain effective legal counsel in order to protect your legal rights, freedom, and future.