Drug Crimes FAQ

I'm facing a marijuana charge. Will I be prosecuted in the same way that traffickers in harder drugs are?

No. Proposition 64 notwithstanding, crimes involving controlled substances such as cocaine and heroin carry stiffer penalties. Type, weight and amount of the drug are also factors, as is intent. Distribution and manufacture of a drug can lead to heavier long-term punishments when compared to simple possession. A case like this, heard in state court, is serious. In federal court, it is really serious.

I know more about the circumstances of my arrest than any attorney. Would it profit me to represent myself?

Again, no. In all due respect, you lack the training and familiarity with the judicial process. The guidance of an experienced drug crime defense lawyer — an advocate who knows how to investigate, negotiate and litigate — would dramatically increase your chances of reduction or dismissal of charges.

Both my home AND my motor vehicle were raided without a warrant, in the middle of the night. And my assets have been forfeited. What can you do for me?

I can bring the facts of your case to the court and expose these unscrupulous tactics for what they are. These violations of your rights can only result in inadmissible evidence. Law enforcement should have to pay heavily for its lack of credibility every time it oversteps its bounds.

Would you be willing to bargain for a lighter alternative punishment on a first offense?

Absolutely. For example, in California we have something called Proposition 36, which responds to a guilty plea with education, treatment and a drug program. This outcome beats the heck out of confinement. And once the case is eligibility for dismissal, the charge disappears from your record. A "deferred entry of judgment," on the other hand, doesn't even require a guilty plea. This is the kind of in-depth knowledge that only a skilled, proven-effective drug defense attorney can use in your favor.

I also thought I'd save some money during an illness by receiving a prescription medicine from a friend. Can I get in trouble for that?

Yes. If you're talking codeine, Vicodine or Hydrocodone, and you don't have a prescription for one or more of them, you can be arrested. And you'll need the help of a knowledgeable criminal defense lawyer who can keep you out of jail. So I would suggest that you be in touch with my Hayward law offices.