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Frequently Asked Questions about Drug Crimes
Q: What are the common legal challenges raised in drug cases?
A: The most common challenges in drug cases relate to how the evidence was obtained. If the police violated the defendant's Fourth Amendment search and seizure rights or Fifth Amendment rights against self-incrimination, the court will suppress the drugs or statements as being unlawfully obtained. Without this evidence, the prosecution may not be able to prove its case beyond a reasonable doubt and the case may be dismissed as a result.
Q: How is drug court different from regular criminal court?
A: Drug courts combine criminal justice and medical treatment models to deal with drug crimes. They recognize that incarceration may not be the most effective method for breaking the cycle of drug addiction and crime, especially for first-time and low-level offenders. Drug courts emphasize a cooperative approach between the prosecutor, defendant and court, and they favor rehabilitation over jail. Successful completion of drug court programs can result in reduced charges or sentences, or dismissal of charges altogether.
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The Federal Bureau of Investigation's Uniform Crime Reports estimated that in 2002 there were a total of 1,538,800 state and local arrests for drug violations in the United States. If you are one of the many facing drug charges this year, it is imperative that you seek legal counsel at once.
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Drug Charges: General Information
At the Law Offices of Leon J. Mezzetti, Jr., our Fremont, California, attorneys give our clients a clear and full explanation about the legal process. As part of this commitment to our clients and the public, we are providing the information below on California drug charges law. Please feel free to review this information. Then, if you would like to discuss your specific situation with one of our lawyers, please contact our office and make arrangements for a free initial consultation.
If you have other questions about drug charges in general or about your circumstances, whether it involves yourself or a friend or relative, we can answer your questions. Please call or email our experienced drug charges attorneys at the Law Offices of Leon J. Mezzetti, Jr. in Fremont. We serve clients throughout the region, including residents of Alameda County and Contra Costa County.
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The Law Offices of Leon J. Mezzetti, Jr.
39510 Paseo Padre Parkway Suite 190
Fremont California 94538
Phone: 877-791-1836 or
510-791-1836
Drug Crimes - An Overview
Drug crimes cover a broad range of offenses involving controlled substances, from possession and sale to manufacture and distribution. These crimes involve violations of federal or state law, or both. Depending on the particular circumstances of a case, these offenses can result in a broad range of potential criminal and administrative consequences, including probation, prison, property forfeiture and participation in a court-ordered drug treatment program.
Though more severe charges typically result in harsher penalties, even less serious charges, such as possession of a small amount of a controlled substance, may have severe consequences, especially if prior convictions, firearms, activity near protected zones (e.g., schools and parks), or minors are involved.
If you have been charged with a drug crime, consult an experienced criminal defense attorney at our firm to discuss your legal options.
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Federal Drug Crimes
The Comprehensive Drug Abuse Prevention and Control Act of 1970, also known as the Controlled Substances Act, classifies narcotics, marijuana and other drugs into five categories, or Schedules. Besides establishing requirements relating to manufacture and distribution of drugs, the law also defines penalties for violations of the Act. Depending on the nature and quantity of the substance involved, as well as the presence of sentence-enhancing factors, the criminal penalties can be severe. If you are facing federal drug charges, consult with an experienced and knowledgeable criminal defense attorney at our firm for advice on the law, your rights and how to proceed.
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Searches and Seizures in Drug Cases
The Fourth Amendment to the United States Constitution protects individuals against unreasonable searches and seizures by the government. Particularly in drug cases, the legality of how law enforcement officials obtained the evidence used to support the State's case is a central and often-challenged issue. If the government's conduct violated the Fourth Amendment, the evidence is deemed inadmissible. Without the necessary evidence to prove the criminal charges, the State may have to dismiss its case against a defendant. If you have been charged with a drug crime, an experienced criminal defense attorney at our firm can advise you whether the evidence leading the charge may have resulted from an illegal search or seizure.
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Criminal and Civil Forfeiture
Forfeiture is the government seizure of property connected to illegal activity. Utilized by the federal and state law enforcement in the ongoing "war on drugs," the practice has not been without controversy. Law enforcement has asserted that it is a necessary and effective deterrent to drug crime, while opponents argue that existing procedural safeguards result in too many innocent parties having their property taken away, with little or no recourse for recovery. If your property or assets have been the subject of a criminal or civil forfeiture, it is important to consult with an experienced forfeiture defense attorney to understand your rights and options.
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Alternatives to Incarceration in Drug Cases
Since the late 1980s, there has been a dramatic shift in the approach of the American justice system toward drug crimes. Drug courts, which operate or are being planned in all 50 states, offer an alternative to traditional incarceration. By providing a structure that emphasizes substance abuse treatment and on-going supervision, drug courts aim to rehabilitate and reduce repeat offenses. Consult with an experienced criminal defense attorney at our firm to learn the range of alternatives to jail that may be available to you.
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Drug Crimes Resource Links
Illegal Drugs Information
This Web site provides facts, policy issues and public opinion information about illegal drugs from Public Agenda, a nonpartisan opinion research organization.
Drug Courts
Maintained by the National Criminal Justice Reference Service, this Web site provides information about the history, operation, organization and goals of drug courts throughout the country.
Federal Drug Trafficking Penalties
This United States Drug Enforcement Administration (DEA) site lists the penalties for federal trafficking offenses by drug, quantity and offense level.
Criminal and Civil Forfeiture
This page, maintained by the Legal Information Institute of Cornell University Law School, gives an overview of the government power to seize of property connected to illegal activity and explains the difference between criminal and civil forfeiture.
The Fourth Amendment
The Fourth Amendment to the Constitution prohibits unreasonable searches and seizures. This site provides the full text, history and scope of this amendment.
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