California may have a reputation for being friendly to drug users but the truth is much more complicated. Prosecutors in Orange County and around the state are enthusiastic participants in the "war on drugs," in part because a big arrest can make a career. And politicians eager to be seen as tough on crime continue to inflate drug crime penalties, including making some narcotics offenses into "strikes" for the purposes of the three-strikes law. The passage of Proposition 64 in November 2016 that legalized recreational marijuana is a work in progress that will lead to potential charges due to not understanding the actual legal aspects of what is allowed.
All of that means some defendants will face serious penalties even for crimes like simple possession or sale of small amounts. And that's why it's vital to speak to an aggressive drug crimes defense attorney as soon as possible after you're arrested or know you're being investigated. The sooner the Law Offices of Joseph M. Tysel can take your case, the sooner we can begin laying the groundwork for a strong defense.
Types of Drug Charges
Penalties for drug crimes vary wildly in California depending on the drug, the amount of it and whether you're accused of possession, manufacture/cultivation, sales or trafficking. My representation on your behalf will handle defense for all types of drugs, including marijuana, methamphetamine, speed, cocaine, crack and others. I also represent people accused of illegal use of otherwise legal prescription drugs, such as Vicodin, OxyContin, steroids, Xanax, Ritalin and more. Charges I defend include:
- Possession of drugs, including possession of more than one ounce of marijuana
- Possession of drug paraphernalia, or ingredients to manufacture drugs
- Drug sales or drug distribution
- Drug cultivation or manufacture
- Drug trafficking, including federal drug charges for interstate or international trafficking
For people accused of possession and small-scale sale or manufacture, I can frequently fight for you to avoid jail or prison by asking for a sentence of Drug Court. Also known as a drug diversion program, Drug Court offers nonviolent offenders a chance to avoid a conviction by instead serving a period of probation and completing drug rehabilitation. If participants can pass regular drug tests and otherwise meet the requirements of probation, the case will be dismissed and there will be no conviction. I fight to get Drug Court sentences when we believe a harsh jail or prison sentence is inappropriate for the client's nonviolent, small-scale offense.
Drug Court is not available for more serious crimes, including drug trafficking, large-scale sales and transportation over state lines. These are felony crimes in California and some are "strike" crimes, which means they carry longer sentences and could set you up for a life sentence in the future. That's why it's vital to call The Law Offices of Joseph M Tysel as soon as you know you're facing these serious crimes. Large drug cases can have weaknesses, particularly if law enforcement used questionable searches and seizures to find evidence. I comb through these cases looking for weaknesses and civil rights violations like these because they can get the evidence thrown out of court, destroying the case against you.
Medical Marijuana
Some law enforcement officers just don't like the fact that marijuana is legal for medical purposes. If medical marijuana users are unlucky enough to run across this kind of officer, they can find themselves charged with serious drug crimes for doing things that were not only harmless but completely legal. the Law Offices of Joseph M. Tysel defend people who are charged with crimes for legally using medical marijuana or legally participating in a cooperative or collective, including storefront marijuana dispensaries.
Frequently, defending yourself from this kind of trumped-up medical marijuana charge is as simple as showing prosecutors or a judge that you had a valid medical marijuana card and were not violating the laws governing its use. Violations of the law include reselling it, exceeding possession limits, using fraud to get a medical marijuana card and more. If this is not enough to get the charges dropped or reduced, we can use those same facts to vigorously defend our clients at trial.
I also represent people who stepped over the line with medical marijuana, including people facing a medical marijuana DUI.
Contact Us For Help
If you have been charged with a drug crime, you could be facing years in prison, confiscation of your property and other penalties for a completely nonviolent crime. For the best possible chance of protecting yourself and your freedom, you should call the Law Offices of Joseph M. Tysel as soon as possible. To learn more and discuss your situation with an experienced drug crimes defense lawyer, call me today at (714) 953-7414 or send me an email today.