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Are You Being Charged with Drug Possession?

The drug laws have very much been in flux in recent years. From the odd legal distinction between crack and cocaine that dominated the headlines in the 1980s to the Compassionate Use Act in 1995 to the passage of Proposition 64 in 2016, knowing the law and the changing environment in which is it practiced is vital if you or someone you know is charged with a drug crime.

Governed by the Welfare & Institutions Code, drug crimes range from minor infractions to serious felonies. Many crimes are eligible for diversion—which results in a dismissal of the charge as if it never occurred—or treatment in lieu of criminal penalties. Other crimes, such as possession for sale or transport of large quantities of drugs, are punishable by time in state prison.

Frequently, finding drugs on someone is the result of a traffic stop. You need an attorney who can challenge the legality of this stop and thereby negate the fruits of the police officers’ unlawful search. Similarly, drugs found in a home may be the result of a warrantless search or, if consent was given, that consent was improperly secured under threat or undue influence. Our job—and we are very good at it—is to examine all aspects of the District Attorney’s allegations and see where we can exploit an error or, alternatively, to mitigate the consequences so you or your loved one can take advantage of the ever-changing world of drug laws specific to where you live.

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Criminal Lawyers & Defense FAQs

What Is An Arraignment?

Arraignment Definition Every criminal case has multiple stages: You have your arraignment, your pretrial conferences, your settlement conferences possibly preliminary hearings motions. Motions in limine

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What Is Bail?

Bail is a condition of release, typically you put up money to be released from jail that is bail. So if you’re charged with a

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Mens Rea

What Is A Mens Rea Example? Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal

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Assault Vs Battery

What Is The Difference Between Assault And Battery? The definition of assault in a criminal setting is putting someone under the reasonable beliefs that they

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Manslaughter Vs Murder

What’s The Difference Between Manslaughter And Murder? Manslaughter is when you to have an unintentional killing of a victim without any specific intent. An example

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Mens Rea

What Is A Mens Rea Example? Mens rea goes to your intent, your mind, your brain, when you do an action. For example, in criminal cases the majority of criminal crimes constitute an intent, you must prove that the person intended to do that which he did. For example, if I punched someone in the face and I intended to do that, that’s a crime. That’s assault. I didn’t act, the act was actually making contact with my fist to his face, but the main component of the crime is did I mentally prepare myself and that I’m maliciously doing it? Did I knowingly do it? The answer is yes, then I have the men’s rea. There are certain situations where you do an act then you don’t have the mens rea. For example, if I punch the cameraman in the face but I am on a prescription drug and I completely black out and I have no idea what I’m doing and I cannot control my body, I cannot control my mind, then I do not have the mens rea. So I cannot be charged with assault because I don’t have the mens rea. I don’t have the specific intent to do what I did, even though I did it. Men’s rea is basically my mind knowing what I’m doing and my mind carrying out the conduct of which I did.

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