According to the Sacramento Bee, California’s Central Valley is a “hub of the nation’s methamphetamine network,” and home to untold numbers of meth addicts. One such addict made the news last week after killing her cousin, her two children, and herself while in a psychotic meth-induced rampage. The drug is highly dangerous and very cheap, making for a particularly bad combination.

Methamphetamines began in the 80s and 90s as the poor man’s cocaine. Though many states believed they had succeeding in pushing back the use and distribution of meth, it is once again growing, and is particularly prominent in rural areas.

Meth is made in home labs, and sometimes on the fly using the newer “Shake and Bake” method. But, in rural California, farms with outbuildings are becoming homes for new major meth manufacturing organizations. There are said to be more of these “superlabs” in California than anywhere else in the nation.

Some of these superlabs are connected to Mexican drug cartels. Just last month, 24 members of La Familia Michoacana were arrested with a combined 14 pounds of meth, 30 gallons of meth solution, 17 firearms, and over $100,000 in cash.

For people who want to make the meth themselves, there is a “simple” recipe being circulated that allows them to mix up the dangerous solution in a 2 liter bottle. Called “shake and bake,” this method is very dangerous, and according to the San Francisco Gate, filling up the nation’s burn units.

Officials caution would-be users that meth is not like marijuana, it is not some “harmless” substance. According to one defense attorney, “It’s not illegal because we don’t want people to feel better. It’s illegal because it makes good people do crazy things.”

Meth has an energizing effect that last much longer than cocaine. Meth addicts sometimes stay awake for days on end. This lack of sleep combined with chemical reactions in the brain can cause psychosis and hallucinations. There are countless stories of meth users doing crazy things, hurting people close to them or themselves while under the influence.

It’s precisely because of these dangers that penalties for meth offenses are so severe. People charged with crimes related to methamphetamines can expect to face serious consequences in the California courts.

If you are facing drug charges and are concerned about the possible outcome, you could be eligible for drug court or other diversion alternatives. Contact us today to discuss your case and how we might be able to help.

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More and more people are graduating from prescription narcotics to the much stronger, much cheaper, and far more lethal, heroin. According to the Fresno Bee, Mexican traffickers have tried to clean up the drug’s image, showing even teenagers can casually use heroin without shooting it directly into their veins. Unfortunately, in their marketing campaign, they are failing to disclose the addictive nature and very illegal classification of the drug.

Communities across the country are seeing a similar shift, where a few years ago prescription drugs like oxycontin were the drug of choice, and now it’s heroin. The reasons are simple—it’s cheaper, it’s more potent, and with states tightening prescription drug regulations, it’s often easier to find.

Law enforcement officials in California have confiscated more heroin in the first half of 2011 than they did in all of 2010. While this Fresno Bee article seems to suggest that heroin is only popular among the “young” and teens, they are referring also to people in their twenties and early thirties.

In the Valley, heroin remains a second choice among addicts to methamphetamine, which accounts for 40% of substance abuse treatment admissions. However, substance abuse centers have seen a slight rise in admissions for heroin abuse, up to 11% in 2010-11 compared with 9.6% of their admissions in 2009-10.

On a national level, first time heroin users are up. In 2009 there were 180,000 people aged 12 or older who used heroin for the first time. This was up from years prior where the average ranged between 91,000 to 118,000. Officials believe this number will continue to rise as the price of heroin continues to fall and supply from Mexico increases.

Speaking to the addictive nature of heroin, Alex Stalcup, a drug treatment doctor states, “We haven’t seen as much heroin since the ‘70s, when we lost a whole generation, and after 35 years of treatment only one in eight is off the drug if they are still alive.”

The difference between the heroin on the streets now and back then is the quality. Black tar heroin from Mexico was often made more quickly with less care to quality. Now, however, the Mexican traffickers have become more competitive with Asian and Colombian markets, causing purity levels of Mexican heroin to rise from 40-50% to 90%.

Heroin is a highly addictive drug and it’s expected to cause havoc if the numbers continue to climb. Sometimes, when an addict is arrested, it provides the perfect opportunity for help. If you are charged with heroin possession, you may have the opportunity to use the charge to your advantage, getting treatment while resolving your case.

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Three advocacy groups are putting the pressure on Governor Jerry Brown to make some major changes that would both reform sentencing and save the state some much needed money. According to California Watch the groups are basing their recommendations on what they say the public wants.

The American Civil Liberties Union of California, the Ella Baker Center for Human Rights, and the Drug Policy Alliance have come together to ask the governor to reduce nonviolent property crimes and simple drug possession to misdemeanors. Currently they are classified as felonies.

All three groups funded a poll of voters in March and found that 72% favored reducing simple possession to a misdemeanor.

While it’s not clear just how much money the change would save the state, it’s estimated to “yield many millions of dollars”.  Brown has already cut $11 billion in spending amidst the $15 billion shortfall but it’s uncertain how amenable lawmakers would be to more sentencing changes, always a controversial matter.

Currently, if you are charged with possession of a controlled substance, you can face 3 years in prison. Changing this to a misdemeanor would set the maximum sentence to one year in county jail. Considering the state spends nearly $50,000 each year to incarcerate a single state inmate, it’s easy to see how this could quickly add up.

In December 2009, there were over 10,000 inmates being held in state prisons for possession charges. According to the California Department of Corrections, this is an estimated annual cost around $500 million.

Though former Governor Schwarzenegger decriminalized possession of less than a single ounce of marijuana, there hasn’t been a significant move to change current possession charges to misdemeanors before.

Between the savings and the reflected public opinions regarding the proposed changes you would think this sort of legislation would be an easy sell. “…It shouldn’t be any problem. Of course, it’s politics so it will be” said the Deputy State Director of the Drug Policy Alliance.

Drug charges are serious offenses in the state of California. Though it’s seen as among the most liberal states with regard to marijuana laws, both passed and rejected, the courts take drug crimes very seriously. If you’ve been charged with possession or felony distribution, contact our attorneys for a free consultation today on any criminal charge.

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A survey of California voters indicates the state’s residents are ready for some meaningful drug possession laws reform. But the question is, will the lawmakers back their constituents’ wishes? To the extent that voters indicate they want things changed, it isn’t likely. But after last year’s close call with Proposition 19, the air of change is definitely upon us.

The results of this survey were released early this week and indicate that 75% of voters polled would ilke to see drug possession reduced to a misdemeanor charge. Currently, for harder drugs like heroin and cocaine, it’s a felony. Forty percent would like to see it dropped to an infraction.

The poll was conducted in a collaborative effort with the Lake Research Partners, Drug Policy Alliance, ACLU of Northern California, and the Ella Baker Center for Human Rights in Oakland. The pool was made up of 800 votes that plan on casting ballots in the 2012 general election. It included voters aligned with all parties.

The voters polled said they would have more respect for and be likely to reelect politicians who vote to reduce drug penalties. If this isn’t a nudge to lawmakers, I’m not sure what is.

About 75% stated they would like to see the money used on over-incarceration used on schools and healthcare instead, saying that the state sends too many people to prison.

When asked about penalties for possession of a controlled substance in California, about 25% said the offender should serve no time at all. Twenty-seven percent said they should serve less than 3 months and 8% said they should be sent to prison for a year or more.

California is seen as a leader in the field of drug reform and specifically when it comes to marijuana reform. Most of the country was on the edge of their seats last year as California voters went to the polls to vote on Proposition 19, which would have legalized marijuana possession. Its defeat wasn’t necessarily surprising, but a slight disappointment for some.

Until lawmakers make the changes that their voters would like, we are stuck with the laws on the books. And though the general public may think personal drug possession shouldn’t be considered a serious offense, that is little comfort when you’ve been arrested and charged. The prosecutors will aggressively prosecute drug possession laws in California as long as the remain in place.

If you are facing drug charges, contact our local attorneys across California today for a consultation on your case. Depending on the facts of your case, you may not have to serve jail time at all. Let’s discuss your options.

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Proposition 36 was passed by California voters in 2000 by a margin of 60%. Now, that program, which sought to save the state money and help non violent drug offenders is completely unfunded by the state and falling apart.

The program was created to mandate that first and second time drug possession defendants get an opportunity for treatment instead of jail time. For the first five years, $120 million was allocated to the program annually. In 2008-2009 that amount fell to $108 million. In 2009-2010 is plummeted to $18 million and this year Governor Brown is proposing no funding for it at all.

According to the Oakland Tribune and the Drug policy Alliance, Prop. 36 has helped 36,000 per year. For every single dollar invested in the program, the state saved $2.50 to $4 in incarceration costs. Over the past several years since its inception, this has added up to a total savings of about $2 billion.

What this means to the offenders who are legally entitled to treatment isn’t clear. Some counties seem to be confusing the term “unfunded” to mean the mandate is no longer in effect. Proposition 36 didn’t “recommend” treatment, it required it. To abandon it could open up the counties to lawsuits and effective sentence appeals.

Currently, treatment providers are maintaining waiting lists because they simply can’t continue treating offenders for free. “We have known a better time where there was case management, workers that were there in the court to ensure that people got from the courthouse into treatment,” says the director of one treatment center. “That linkage between the courthouse and the treatment program no longer exists.”

In other words what California voters saw as the right method of justice is completely falling apart due to lack of funding. But why didn’t Proposition 36 continue to be funded if it was so effective at saving the state money? That’s a good question and one that doesn’t seem to have a rational answer. A spokesperson for the Drug Policy Alliance states “Alas, the power of denial is strong among legislators and the self-interested, evidence be damned law enforcement lobby.”

When you are facing charges of possession or even possession with intent to distribute, drug treatment is often a far more effective consequence than jail. While Proposition 36 didn’t apply to all drug crimes, a local criminal defense lawyer may help you get a beneficial plea agreement where the outcome is treatment or probation including treatment.

If you are facing charges like these, contact our offices today for a consultation on your case.

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As of January 1, 2011, possession of a small amount of personal marijuana will no longer be considered a misdemeanor offense, this according to a bill signed by Governor Schwarzenegger this week. While the penalties won’t change and the offense will still carry a $100 fine, this means being caught with less than one ounce of marijuana will be akin to a traffic violation punishable by a ticket.

Many states across the country have long since decriminalized possession of a small amount of marijuana. Instead of being brought before the judge and entitled to a jury trial, you are given an infraction ticket and ordered to pay a fine.

While Proposition 19, to be voted on in November, would legalize the possession, this is quite different. If Proposition 19 doesn’t pass in November, possession of marijuana (less than an ounce) will remain punishable by a fine come January 1.

Critics warn that this decriminalization sends the “wrong message” to kids, according to CBS News. But, advocates including the Governor say changing the offense to an infraction will save the state millions in court costs amid budget cuts.

Of course, if marijuana is effectively legalized and Proposition 19 is passed, this decriminalization will mean nothing. The Governor is vehemently opposed to Prop. 19 despite his decriminalization bill.

According to the latest survey, the majority of Californians support legalization with 52% planning on voting for Proposition 19. However, this number seems to change on a daily basis and there are several weeks left before they go to the polls.

The bottomline is this decriminalization bill is a step in the right direction, diverting attention to criminal matters worth spending money and time on. The full legalization of marijuana could generate over $1 billion per year for a cash strapped state, and this may be reason enough to consider it as well.

In the mean time, however, marijuana possession or distribution is a criminal offense. Until January, it is (at the very least) a misdemeanor offense and something you may have to go to court for. But the trend is good news, as California joins Massachusetts and other states in decriminalization small amounts of pot.

When you are facing any drug charges, even marijuana possession, a criminal defense attorney can help ensure you get the best possible results on your day in court. If you’re facing charges like these, contact us today for a consultation on your case.

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A Rowland Heights Osteopath physician is turning the blame on patient overdoses on the patients instead of herself, where she feels officials are trying to put it. Her license to prescribe drugs has been suspended for the time being as federal officials investigate her role in at least 8 deaths over the past few years.

According to the LA Times, officials believe she is “an imminent danger to public health and safety.” She is quoted as saying, “I really believe that I did nothing wrong, I was really strict…and I followed the guidelines. If my patient decides to take a month’s supply in a day, there’s nothing I can do about that.”

She has been under investigation since 2007 for prescribing narcotics like oxycodone and even methadone without “properly assessing her patients’ needs or apparent addictions”. Although she is not facing any charges yet, DEA agents and investigators from the state Medical Board spent the day removing paperwork and computer records from her office.

Prescription drug abuse has exploded within the last decade and recently states have really begun cracking down on the sources—often doctors. While this particular physician claims no wrong doing, others run what’s referred to as “pill mills” where patients can go in with a complaint and receive a prescription, no questions asked.

Because prescription drugs purchased on the black market have to be obtained through a physician in most cases, officials want to be certain that these doctors are prescribing drugs to the right people—people who truly need them.

In some cases a drug dealer who provides a user with drugs can be charged if an overdose results in death. With physicians, however, it’s a little different. For most of us, we are only legally entitled to possess the drugs which are prescribed to us.

If you are found in possession of prescription drugs and they aren’t yours, you can face criminal charges. You can even be charged with DUI if you are found to be under the influence of such drugs while driving. The difference is, if you are impaired by prescription drugs behind the wheel, you can be charged even if they are prescribed to you.

Sometimes, however, criminal charges like these are the catalyst for people that need help. In certain situations, you may qualify for a Proposition 36 on your case. This is for people who are considered in need of in treatment help for drug addiction.

There are also drug courts throughout the state which are focused more on getting help than locking you up and throwing away the key.

If you are facing drug charges—you have options. Call our attorneys today to discuss what those are and how we can help you.

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One in ten high school seniors have used narcotic painkillers to get high. When it comes to Oxycontin, that number seems to be growing among young adults. According to a report from the Sacramento Bee, this drug provides a high that is attracting more and more people.

Prescription drugs are the new drugs of choice. Not only in California, but across the country. The stigma associated with pills isn’t nearly as dark as the stigma associated with other drugs like heroin and cocaine. We all have a picture of what a “junkie” looks like and it’s rarely someone who is popping pills.

The belief is that this flawed image of what an addict looks like may be contributing to the growing number of Oxycontin users and its apparent acceptance among younger adults. It’s viewed as a “party” drug instead of the highly addictive substance it truly is.

One user reports the high is similar to “someone hugging you from the inside out.” In other words—it’s a feel good drug. However, what can start out as a feel-good high can end with pain and nausea as you try to kick a habit that grows quickly out of control.

One pill taken at a party can quickly turn into a habit that requires hundreds of dollars a week. The body quickly builds a tolerance to narcotics like this, making it harder and harder to get the same high. The most effective way of handling an oxy addiction? Methadone—the same drug prescribed to heroin addicts.

Although the face of heroin and cocaine abuse may not match the face of OxyContin abuse, the penalties for using it often does. Possession of a prescription drug like this without a legitimate prescription is punishable by jail time, depending on how much you are caught with. If you are charged with attempting to fill a prescription not intended for you or fraudulent in some other way, you can face additional charges.

It isn’t unheard of for people who have never been exposed to the criminal justice system to experience their first exposure at the hands of drug abuse. If you were dabbling in oxy use and got caught, your disillusionment of this being a harmless drug has likely come crashing down around you. Luckily, however, if this is your first offense we may be able to get you some help.

As your exposure to the courts increases, a judge’s leniency decreases. In other words, if this is your first run in with the law, we may be able to work out a Proposition 36 or a deferred judgment. Both of these involve drug treatment and help for your possible drug problem in lieu of jail time.

If you’re facing possession of Oxycontin or any other controlled substance and need help—contact our offices today.

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It’s not unusual at all to see drug deals happen in plain sight in the Los Angeles neighborhood known as Skid Row. This area, according to Wikipedia, contains the largest concentrated population of homeless in the country. Crime here is commonplace and has been for sometime.

A new effort by law enforcement, however, seeks to eliminate some of the bigger named dealers in the area, however. Due to overcrowding and other factors, these dealers serve notoriously short sentences for their run ins. The LAPD seeks to change that.

According to NPR, law enforcement is seeking an injunction that would allow them to arrest certain dealers on site for being present in the Skid Row area. There are 80 well known dealers that will be placed on this black list, prohibited from even entering the neighborhood.

If caught in violation of this injunction, the dealers will be sentenced to 6 month behind bars if the cops get their way. Although this does seem harsh, when you consider these 80 dealers and the far reaching impact they have on the homeless and addicted population, the police think it’s more than reasonable.

The problem, they state, is that the system doesn’t require these drug dealers to serve any significant amount of time in jail. The NPR report states that they have actually stopped running from the police, knowing their penalty won’t be that bad.

If the dealers were prosecuted within every extent of the law, they might do more time. A charge of selling drugs is typically a felony and carries about 3 to 5 years. However, plea bargaining and other factors mean even well known dealers rarely face this kind of sentence.

Being accused of selling or even being in possession of drugs can be a very humbling experience. No matter what neighborhood you are in, being arrested is no walk in the park. With prison sentences and exorbitant fines possible, you would be right to be concerned when facing charges like this.

If you are facing drug charges and need legal assistance, contact us today. We can give you some free legal advice and additional information on your options.

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A West Hollywood doctor is being accused of running a “pill mill”. The doctor is said to have averaged about 15 prescriptions per day, writing them for drugs commonly used by addicts. The doctor is now facing federal charges, as is his office manager.

According to the L.A. Times, the feds were alerted to the psychiatrist’s practices when the police found someone selling Adderall on Craigslist. This dealer stated that the doctor had prescribed them and that he had written numerous prescriptions without seeing the “patient”.

Apparently, the drugs of choice for those receiving the good doctor’s prescriptions included Adderall, Oxycodone, and Hydrocodone, all highly potent and regularly seen in the illegal drug trade.

The office manager, also facing charges, is suspected of telling the doctor who needed a prescription and even filling them out for the doctor to sign. Both men were said to have played active roles in the operation according to a 100 page complaint including information from patients and undercover police.

While these two are facing federal charges, drug charges involving prescription drugs at the state level are on the rise as well. As a matter of fact, prescription drug abuse is at an all time high across the country.

There are many reasons that prescription drugs are a popular choice and much of it has to do with the ease at which they can be found. In addition, despite the growing stigma, those people who have problems with prescription drugs don’t always consider themselves “drug addicts.”

When facing charges like possession of a controlled substance or possession with intent to deliver, the penalties are a quick wake up call to those who have been misleading themselves about the seriousness of prescription drug abuse.

Whether you are caught with valium or oxycodone, you could be facing months and even years behind bars. Luckily, if this is your first offense there are options available to you.

If you are facing charges involving prescription drugs, contact our attorneys immediately.  We can give you some valuable and helpful advice and tell you what legal defense options you might have.

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