Long Beach Drug Crimes Defense Lawyers
Being charged with a drug crime in Long Beach, CA, is a serious matter that requires immediate legal attention. The city's law enforcement agencies and prosecutors are known for their aggressive stance when pursuing drug-related offenses, making it crucial to act swiftly and seek professional legal assistance.
From the bustling streets of Downtown Long Beach to the residential areas of Belmont Shore and Bixby Knolls, the Long Beach Police Department and the Los Angeles County District Attorney's office consistently prioritize drug crime investigations and prosecutions.
This enforcement approach means that individuals facing drug charges in Long Beach encounter a legal system that actively seeks convictions and maximum penalties within the bounds of California law.
Despite changes with Proposition 47 reducing penalties for simple possession, such as ecstasy, many drug charges still can result in lengthy jail or prison sentences.
Over the years, Eisner Gorin LLP has built a strong track record in defending both juveniles and adults in misdemeanor and felony drug cases.
Our experience spans a wide range of charges, including possession, possession with intent to sell, trafficking, and crimes related to prescription drugs, providing our clients with a strong and knowledgeable defense.
When facing drug charges in Long Beach, your best chance for a favorable outcome is to take control of your situation and hire an experienced drug crimes defense attorney. This decision can significantly impact the trajectory of your case and ensure that your rights are protected throughout the legal process.
Enforcement for Long Beach Drug Crimes
Drug crime enforcement in Long Beach operates through a collaborative framework involving multiple law enforcement agencies. The Long Beach Police Department serves as the primary investigating agency for most drug offenses occurring within city limits.
At the same time, the Los Angeles County Sheriff's Department may assist with complex investigations or operations, especially outside the city limits.
Law enforcement officers regularly conduct targeted operations, utilize undercover investigations, and sometimes collaborate with federal agencies to identify and arrest individuals suspected of drug-related activities.
While local law enforcement handles initial investigations and arrests, drug crime prosecutions proceed through California's state court system.
The Los Angeles County District Attorney's office prosecutes most drug cases originating in Long Beach, bringing extensive resources and experienced prosecutors to bear against defendants. Typically, Long Beach drug charges are tried at the Long Beach Courthouse of the Los Angeles Superior Court.
The Long Beach Superior Court, called the Governor George Deukmejian Courthouse, is located at 275 Magnolia Ave, Long Beach, CA 90802.
Police Departments in Los Angeles County
- Los Angeles Police Department
- Los Angeles County Sheriff's Department
- Long Beach Police Department
- Glendale Police Department
- Pasadena Police Department
- Beverly Hills Police Department
- Burbank Police Department
- Culver City Police Department
- San Marino Police Department
- Torrance Police Department
Simple Drug Possession vs. Drug Sales
California's drug crime statutes are complex, and the impact of a drug crime conviction can be significant, impacting your career, your ability to rent property, or even your ability to maintain custody of your children.
According to the drug possession statutes in California, possession falls into two main categories: simple possession and possession with the intent to sell.
The district attorney may consider the total quantity and the manner of packaging when deciding whether to charge a defendant with possession. Simple possession typically applies to cases involving a "usable quantity" of a substance.
In cases where the individual is in possession of a larger quantity of a prohibited controlled substance, especially when the drugs are packaged in a manner that's consistent with sales, such as multiple small bags and scales, they could face the more serious charges of selling drugs.
In November 2014, California voters approved Proposition 47, a key piece of legislation that reduced simple possession charges from a felony to a misdemeanor. This offense carries a penalty of no more than one year in jail.
Proposition 47 impacted Health and Safety Code Sections 11350, 11377, and 11357(a).
Common Drug Crimes in Long Beach
California law details numerous drug offenses, including enhanced penalties for specific drugs under the California Uniform Controlled Substances Act. Typically, however, most drug prosecutions in Long Beach involve the following primary offenses:
- Possession of a Controlled Substance under HSC § 11350(a) criminalizes the unlawful possession of controlled substances, including prescription drugs, without a valid prescription. Simple possession is usually a misdemeanor punishable by up to one year in county jail, but people with prior serious felony convictions may face felony charges.
- Possession for Sale of a Controlled Substance under HSC § 11351 involves possessing or purchasing controlled substances with the intent to sell. This felony carries sentences of two to four years in state prison and fines up to $20,000. Prosecutors often use evidence like large drug quantities, packaging, scales, or cash to prove intent to sell.
- Sale, Transportation for Sale, and Furnishing controlled substances violate HSC § 11352(a), prohibiting activities like selling, transporting, or distributing drugs. These actions typically result in felony charges. The broad language of this statute means even minor involvement in distribution can lead to serious charges.
- Manufacturing, Compounding, and Preparation of Controlled Substances under HSC § 11379.6 targets the production of drugs. This felony offense covers activities like manufacturing and processing controlled substances, with penalties of up to five years in state prison and fines up to $50,000, making it one of California's most severe drug crimes.
Other Long Beach Drug-Related Crimes
- Drug paraphernalia possession (HS 11364)
- Drug possession while armed (HS 11370.1)
- Selling methamphetamine (HS 11378)
- Methamphetamine transportation (HS 11379)
- Cultivation of peyote (HS 11363)
- Marijuana transportation (HS 11360)
- Selling marijuana to a minor (HS 11361)
- Possess marijuana while driving (VC 23122(b))
- Prescription fraud ((HS 11173)
- Benzodiazepines possession (HS 11375(b)(2))
- Under the influence of drugs (HS 11550)
- Operating a drug house (HS 11366)
- Drug money possession (HS 11370.6)
- Money laundering (PC 186.10)
- Money laundering drug sales (HS 11370.9)
- Synthetic stimulants (HS 11375.5)
- Imitation substances (HS 109575)
- Drugs in false compartment (HS 11366.8)
Enhanced Penalties for Drug Crimes
The California Uniform Controlled Substances Act establishes enhanced penalties for offenses involving specific scheduled substances.
Schedule I and II drugs, considered most dangerous and addictive, trigger the harshest penalties, while Schedule III, IV, and V substances may result in somewhat reduced sentences.
Factors such as drug quantity, proximity to schools or parks, and involvement of minors can further enhance penalties beyond standard ranges.
Repeat offenders face significantly elevated consequences under California's recidivist statutes.
Prior drug convictions can transform misdemeanor charges into felonies and substantially increase potential prison sentences for subsequent offenses.
Drug Diversion in Long Beach
California's drug crime statutes allow for a Deferred Entry of Judgment (DEJ) in cases of first offenders who are facing simple possession charges.
This alternative typically allows the individual to enroll in a drug education program. After the program is completed, they can seek a full dismissal of the charge in court.
Our law firm can also petition the courts to seal the records concerning this case, following the successful completion of the drug education program, which is permitted under Penal Code Section 851.90 PC.
Additionally, our drug crimes lawyers can help you to pursue a Proposition 36 treatment, named after a California voter initiative, that offers a drug treatment program as an alternative to jail for individuals who are not eligible for DEJ.
If the defendant completes the drug treatment program, we can seek a dismissal of the case. Proposition 36 treatment is available to most individuals, with the exception of those who have a prior "strike" conviction.
Common Defenses for Drug Crimes in Long Beach
Defendants facing drug charges in Long Beach have several potential defense strategies available, depending on the specific circumstances of their cases. A skilled Long Beach criminal defense attorney may employ one or more of the following defenses to combat your charges:
- Lack of Knowledge Defenses: These argue that defendants were unaware of the presence or nature of controlled substances found in their possession or vicinity. This is especially relevant in cases involving shared vehicles, residences, or areas accessed by multiple individuals.
- Insufficient Evidence Challenges: These challenge the prosecution's ability to prove guilt beyond a reasonable doubt. They may focus on the chain of custody for physical evidence, question laboratory testing procedures, or highlight gaps in the prosecution's case.
- Fourth Amendment Violations: Unlawful searches are one of the most common and successful defense strategies in drug cases. Evidence obtained through illegal searches can often be excluded from trial proceedings.
- Entrapment Defenses: These apply when law enforcement officers induce individuals to commit drug crimes they would not have otherwise committed. This defense requires showing that police actions went beyond providing opportunities and actually created criminal intent.
Contact Eisner Gorin LLP for a confidential consultation and a clear plan to protect your freedom and future.
By appointment, the law firm may meet the client at 100 Oceangate, Suite 1200, Long Beach, CA 90802 for case preparation, strategy, and review.
If you have one phone call from jail, call us! If you are facing criminal charges,