Articles Tagged with California drug crimes attorney

If you have been charged with the distribution of fentanyl, you will be facing tougher penalties in the State of California this year. The change in the law was precipitated by the increase in fatalities related to fentanyl overdoses. 

Fentanyl’s Use

A synthetic opioid, fentanyl has proved to be fatal even in small doses. Up to 100 times stronger than its cousin morphine, pharmaceutical fentanyl was originally developed as a way to help patients manage the pain of cancer. While it is sometimes sold by itself, it is also frequently used to lace other street drugs such as cocaine or heroin because it is much cheaper. Oxycodone has been co-opted, as well, with counterfeit pills containing the more powerful and dangerous fentanyl. These drugs are available on the streets of California and are extremely easy to get a hold of. Consequently, people wind up unwittingly ingesting the more dangerous drug, fentanyl.

When you are in pain, you want relief — period. For many, that means turning to opioids, and in some cases, patients ask for additional prescriptions down the road. And as we all know, sometimes people get addicted, and the outcomes are horrible. Prescribing doctors have been blamed for the opioid crisis for years now, but the U. S. Supreme Court recently found that it is time to reconsider where that blame is placed. 

The Very Real Drug Crisis 

The number of deaths related to drug overdoses has been rising steadily for decades, with well over 80,000 fatalities related to both prescription and illicit opioids in 2021, according to the National Center for Health Statistics (NCHS). Roughly eight in ten heroin users say they previously used prescription opioids, indicating that the first step to addiction often occurs with a prescription. The link between prescriptions and illegal drug use is palpable; heroin, which is similar chemically to prescription opioids, is simply cheaper and easier to obtain than prescriptions are in many cases. Undoubtedly, the misuse of opioid prescriptions—taking them in ways other than prescribed, taking the medications that were prescribed to someone else, or taking medications just to get high rather than for the intended purpose—is definitely one factor that leads to the use of heroin or other illicit drugs.

When jail should be used as a sentence, how severe it should be, and who it benefits are questions that have been discussed widely in recent years. There are some crimes to which many people would agree jail time is an appropriate response, such as homicide. However, for other crimes, there are different sides in staunch opposition regarding the use of jail time as a penalty. Drug use is one of the crimes that many believe is not remedied with jail time. Individuals addicted to drugs are said to have a disease, and so jailing them for a disease is not fair or effective.

David M. Boertje is a San Diego drug crime defense attorney who can thoroughly investigate your criminal case and develop a decisive strategy for your defense. Specifically, if you have a drug addiction and were arrested because of your condition, there may be alternative programs and options available to avoid jail time and get the help you need to beat your dependency issues.

How Does Jail Time Affect Crime and Drug Use?

With the exception of marijuana in recent years, there are many illegal substances that will result in an arrest if an officer finds them on you. For drug abusers, it may be unavoidable to stay out of prison because of the addiction they suffer. Several experts have labeled addiction a medical condition that can be treated. Medical experts agree that jail time is not an appropriate remedy for someone suffering from a disease of the brain, a.k.a. drug addiction.

What jail time does for drug addicts is potentially keep them away from certain drugs for the period of time they are behind bars. But jail is not a therapeutic experience that gets to the bottom of their condition. It is also true that jail may not even keep users away from drugs because illegal substances are routinely found circulating around prison populations. According to the National Institute on Drug Abuse, if substance abuse is not treated, the result is going to be negative social consequences. For the state of California, one study showed that when treatment was provided to drug offenders, crime in various communities actually went down.

Certainly, jail can be a scary place for some individuals who make mistakes and get sentenced to time behind bars. The time spent in jail could be enough for some to refrain from engaging in illegal activities again. But for a great many of the jailed population, the criminal history that they have makes it difficult to rejoin life as a productive member of society. Without other options, formerly incarcerated individuals often fall back into the same old habits of breaking the law. Furthermore, addicts who are not given proper treatment opportunities never have their disease addressed. These individuals will likely continue to use drugs. Continue reading

If you are over the age of 21 in the state of California you are allowed to have marijuana on your person and use it for recreation. This is true, as long as the amount you have does not exceed 28.5 grams. Thanks to Prop 64, in addition to being able to recreationally possess and use marijuana a person of lawful age can also grow the plant. Just like the way that the amount of marijuana you can have has its limits, so do the number of plants that you grow.

If you have an illegal amount of marijuana on you or if you have too many plants, you can be arrested and charged with a California drug crime. As a defendant facing criminal charges in California, you have to be prepared to go up against an aggressive and ruthless prosecution that will be making every argument that they can to slap you with the most severe penalties. The best way to protect yourself and your rights is to have the most talented and proficient legal defense on your side supporting you.

When Can You be Arrested for Growing Marijuana in California?

Over 20 people lived on a property in rural southern California in the town of Aguanga, and were involved in an illegal marijuana operation. The residents of the property lived in makeshift dwellings and had a nursery. According to Riverside County Sheriff Chad Bianco, marijuana was processed into a very strong concentrate on the property. A shootout there over the Labor Day holiday ended with seven people dead.

 

The Riverside County sheriff’s deputies received a call about an assault with a deadly weapon in an Aguanga home. When the authorities arrived on the scene, they found six dead bodies and one woman whom they transported to the hospital where she later died. Every one of the victims was identified as being a Laotian. Sheriff Bianco said that the operation was not small, and it could have been linked to organized crime. 

 

The town of Aguanga, located north of San Diego, is very small with only about 2,000 residents. Despite the state of California legalizing recreational marijuana in 2018, consumers have a desire to pinch pennies and avoid the pricey taxes associated with legal marijuana. In doing so, they still turn to the illegal market. However, this shooting incident and the massive amount of dead bodies that it left behind is evidence that there is violence in California in relation to the illegal manufacturing of marijuana.

 

Authorities seized over 1,000 pounds of marijuana along with hundreds of marijuana plants. No suspects were named and no arrests were made. The Aguanga sheriff’s department told residents that it was an isolated incident and not a threat to the community. Ronald McKay, the owner of the property, said that he was unaware that there was any shooting event that took place at his rentals, mobile home, and house. According to McKay, he attempted to check the well on the property on Monday but a deputy would not let him enter or tell him what happened. He also said he never heard the word of the incident from authorities even though he gave them his phone number. McKay said that the property is managed by an employee so he did not know the individuals who lived there, but he never knew of any incidents to date.

 

Aguanga’s vast open land has vineyards and horse ranches scattered about. Some southern California residents enjoy weekend getaways to the small town. However, the area is rife with illegal marijuana processing operations. In February there were close to 10,000 plants seized and 411 pounds of marijuana along with firearms taken from the town by deputies. Four arrests were made. One local real estate broker says that some of his clients are pot growers and they live in his gated community.

 

Because the area is so isolated, it is a prime spot for illegal marijuana activities. Adam Spiker, who is the executive director of the Southern California Coalition says the illegal market for marijuana manufacturing is not well checked.

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The professional skateboarder, Robert Lorifice, was sentenced to five years on supervised release and one year on house arrest after his connection to the federal drug trafficking case. Jude Dana M. Sabraw sentenced Lorifice on August 7. In addition to his sentence, he must pay $2,000 in fines.

 

In 2019 Lorifice pleaded guilty for his intent to distribute the methamphetamine and heroin he had in his possession. Alongside Lorifice was Elizabeth Landis, who also pleaded guilty to the same charges. Landis was a former girlfriend of the professional skateboarder. The charges came about after a raid took place at Lorifice’s home. Authorities found the drugs as well as over 800 Xanax pills. Lorifice admitted that he and his former girlfriend organized drug deals and that they sold drugs for money.

 

Lorifice and Landis said that they attempted to get rid of the drugs in the house by flushing them down the toilet and in a sink in the master bedroom. When the authorities entered the home, they found the pair trying to flush the drugs away. Deputies found drugs next to the toilet and in the sink. They also found Xanax pills, heroin, and meth in a closet. There was money and a passport located in a safe that was in another closet. Throughout the bedroom were plastic baggies, various pills, marijuana, mushrooms, packing materials, and a digital scale. Altogether, there were 231.6 grams of heroin, 193 grams of meth, 196 grams of marijuana, as well as over $16,000 taken from the home.

 

Even Professional Athletes Fall on Hard Times

 

As a native of Encinitas, Robert Lorifice was interested in skateboarding at a young age. Since he was 6, he would go to the Magdalena Ecke YMCA skatepark and practice his craft. He admired other professional skateboarders like Tony Hawk and Andy MacDonald, who were also local to the area and would skate at the park. By the age of 16, Lorifice was good enough to turn pro. He steadily worked his way up the ranks of professional vert skating. When he was just 22, he won four X Games medals for vert and MegaRamp. 

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At least $10 million in products, close to $100,000 in cash, and five guns were all confiscated by police as a result of raids on illegal marijuana dispensaries in Chula Vista. The police also arrested 15 individuals who were working the illegal operations in addition to one customer. Police Lt. Dan Peak said that the arrests led to six felony and 10 misdemeanor charges.

 

Residents in the area complained about the illegal operations that were largely located near elementary schools. In 2018, Chula Vista legalized dispensaries but have not issued permits leading to legal cannabis operations. Since 2014, there have been over 50 dispensaries shut down by authorities. Dispensaries that are shut down will often simply reopen after a period of time or relocate their operations, making the initiative to close these businesses down very difficult.

 

Not only are operations illegal, police argue that they are unsafe for the public. Modifications done to buildings are not approved or inspected and could be a fire hazard or otherwise trap people in an emergency situation. The increase in pressure for recent enforcement measures has upped the ante from civil proceedings to criminal charges. April alone saw six criminal complaints filed. The local police and the City Attorney’s Office with the San Diego County District Attorney’s Office will not back down. These officials plan to continue moving forward with criminal enforcement on those locations which are illegally selling marijuana. The police indicated that at any given time, there are numerous illegally-operating dispensaries.

 

Marijuana Laws in California

 

Individuals aged 21 years or older are permitted to have a maximum of 28.5 grams of marijuana in their possession or up to eight grams of concentrated cannabis. Consuming marijuana must be done on private property. If you rent an apartment and the landlord has not given consent for smoking, you are not permitted to smoke. Also, any location where tobacco is prohibited, marijuana is also not allowed.

 

The cultivation of plants is legal. Individuals aged 21 years or older are allowed to grow up to six marijuana plants indoors or outdoors in areas where it is permitted through local regulations. To do business, both a state and local license are necessary. Without a license, selling marijuana is still a crime in the state of California. Licenses are issued by the Bureau of Marijuana Control. Also, selling to a minor is illegal and comes with felony charges.

 

Other laws say that driving with marijuana can garner you a fine of up to $100. Those who require medical marijuana can obtain it through non-profit medical marijuana dispensaries. Continue reading

There are restrictions issued to law enforcement officers on when and how they can execute a California search warrant. Nonetheless, mistakes and errors can and do occur during the execution of warrants. Unless a search is authorized by you, incident to a lawful arrest, or some other exception provided by law, a valid search warrant must be obtained before the search is conducted. Any violation of these rules may result in a reduction in your criminal charges, dismissal of the evidence unlawfully obtained, and even dismissal of your criminal charges.

A search warrant allows the police to search you, your home, your car, and your place of business. The police can even search an area suspected of containing evidence of illegal activity so long as it is specified in the search warrant.

Storming into homes with guns, protective armor, lights, dogs, and law enforcement personnel, usually during the early dawn hours, catches everyone in the home off guard and leads to avoidable deaths, unnecessary injuries, and costly legal settlements with survivors.

In a December no-knock drug raid in Houston, two suspects were shot and killed and five police officers were injured. Even the family pet was shot in the crossfire. The pet survived, but both of his owners died. The results of the raid were so bad that the Houston Police Department no longer conducts no-knock raids during low-level criminal investigations of a nonviolent nature.  

No-Knock Warrants

A no-knock warrant is issued by a judge and gives police permission to enter a property by force without prior notification to its occupants or requesting their permission. These types of warrants are often precipitated by a tip from an informant. The informant is the person who cooperates with the police and provides information about the people or companies under criminal investigation. The use of informants is common in criminal investigations, especially those involving illegal drug sales and distribution. So long as the informant’s information is reliable, it will satisfy a low threshold to support a finding of probable cause to issue the search warrant. The judge may inquire about the identity of the informant, examine past instances when the informant assisted law enforcement and the results of such cooperation. The police will also be called in to testify and corroborate the informant’s testimony.   Continue reading

This week, Senate Majority Leader Mitch McConnell announced he would bring the First Step Act, a bipartisan criminal justice reform bill, to a vote. The proposed bill would bring criminal justice reform to individuals facing current charges and potentially cut the sentence of individuals currently serving time in federal prison.

Giving Federal Judges Sentencing Discretion

The bill proposes to give federal judges more discretion during the sentencing phase. Nonviolent crimes, particularly drug offenses, would receive shorter prison sentences. Some federal inmates would be placed in prisons closer to their homes – no more than 500 miles – making it easier for families to visit their loved ones.

Offering Rehabilitation Programs to Inmates

The bill seeks to expand prison employment programs so inmates could earn wages while they serve their federal prison sentence. Home confinement would be available for lower-level offenders, reducing the cost of housing non-violent offenders in federal prisons. Some minimum or low-risk offenders would be eligible for early release if they participate in education and rehabilitation programs aimed at reducing recidivism (returning to prison for a new offense once original sentence is served). Lastly, the bill would bar the use of restraints on pregnant inmates during labor.

Introducing Controversial Risk-Assessment System

The bill would set up a risk-assessment system to determine whether an inmate is likely to commit more crimes when released. This measure is controversial because of the high potential for bias, especially against minority communities.

Addressing Sentencing Disparities

The Fair Sentencing Act of 2010 reduced the sentencing disparity between crack and powder cocaine sentences for individuals convicted of possession after 2010. The newly proposed bill seeks to apply the same rule to any individuals convicted of crack offenses retroactively, or before the 2010 Act became effective.

Text – S.3649 – 115th Congress (2017-2018): First Step Act

Hire a San Diego Criminal Defense Attorney to Petition Court for Early Release

If a loved one is serving time in federal prison for a non-violent drug related offense, contact a San Diego Criminal Defense Attorney to petition the court for early release. Petitions need to be filed in court with participation with the U.S. District Attorney’s office after your loved one completes some rehabilitation programs, or outright if his or her conviction stems from possession of crack prior to 2010. If you currently face drug possession charges, contact a San Diego Criminal Defense Attorney to help reduce your sentence. Continue reading

Under a “little-noticed provision” on Proposition 64, the voter-approved law legalizing recreational marijuana, California residents with marijuana convictions may be eligible to have those felonies and misdemeanors reduced or, in many cases, fully expunged off their criminal records, according to The San Diego Union-Tribune. According to the San Diego District Attorney’s Office, the city has proactively expunged 700 criminal records since the law came into effect at the beginning of the year and released 55 people incarcerated because of marijuana. The city still has 4,000 cases awaiting action by the courts.

For California residents who have been impacted the most severely by their marijuana convictions, so-called “high priority” convictions, the public defender’s office and district attorney’s office have moved aggressively and quickly to expunge the records. These include California residents who have marijuana convictions preventing them from gaining employment or limiting their access to government benefits or housing.

According to Summer Stephan, interim district attorney for San Diego, “We want to be pro-active. It’s clear to us that the law was written to allow this relief, and it’s important that we give full effect to the will of the people, especially for those who are most immediately affected.”

The problem, according to the San Diego public defender, is that there is no unified system for identifying marijuana-related convictions. The current database only goes back to the early 2000s, therefore, individuals with marijuana convictions in California may need to proactively petition the courts for an expungement. “It won’t happen overnight, but we are committed to seeking relief for everybody who is entitled,” said Angie Bartosik, chief deputy primary public defender. Bartosik noted that for those seeking relief under Proposition 64, there is a form available online at courts.ca.gov and, for most, filling out the form will be sufficient to expunge their records.

Effectively expunging all marijuana convictions is a statewide problem. Only 5,000 Californians have sought to have their marijuana convictions removed from their records, according to the Drug Policy Alliance. Considering the fact that there were more than 500,000 people arrested for marijuana just between 2006 and 2015, this means that hundreds of thousands or more Californians are likely eligible. In San Francisco, where only 20 people have filed petitions for expungement, district attorney George Gascon announced that the city will proactively search and expunge all marijuana convictions dating back to 1975. The San Francisco DA estimates that this would include over 3,000 misdemeanors and almost 5,000 felony convictions. Continue reading

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