Drug Crimes

Mark Daniel Melnick, Attorney at Law, represents individuals charged with drug crimes in Los Angeles and the surrounding areas, including possession and sales offenses, as well as cultivation, distribution and other charges, at both the state and federal levels.

State and Federal Drug Charges Defense

The federal Controlled Substances Act and the California Uniform Controlled Substances Act both outlaw the possession, distribution, cultivation, manufacture or sale of a long list of drugs and controlled substances, including street drugs such as marijuana, crack or powder cocaine, heroin, methamphetamine, LSD, PCP,  MDMA (Ecstasy), and prescription drugs obtained or sold without a prescription that have a high potential for abuse or addiction, such as Oxycontin, codeine, or morphine.

The federal law is enforced and prosecuted in federal court by the Drug Enforcement Administration (DEA). If convicted, federal judges impose sentences according to Federal Sentencing Guidelines which can be quite harsh. Although the guidelines take several factors into account, including the defendant's conduct and criminal history, a first offense for drug dealing or trafficking can land you up to ten years in prison with fines up to $20,000. In some cases, you can be sentenced up to 40 years in prison and fined up to $2 million, for a first offense.

State prosecutors and judges have wider latitude in deciding what penalties to seek or impose and will often consider the type and amount of drugs involved, whether the offense was a possession or sales offense, and any prior drug crime or other criminal convictions the defendant has. Nevertheless, the penalties at the state level can still be nearly as severe as at the federal level.

Drug Courts and Diversion Programs

The state operates many different types of drug courts and diversion programs, including adult drug courts, juvenile drug courts, and dependency drug courts. Different jurisdictions operate different types of courts and programs, but the common feature is that the defendant enters a substance abuse treatment program rather than face incarceration. Depending upon the model, the defendant may avoid prosecution, enter a plea but have charges later dismissed, or serve out a sentence and conviction in treatment rather than custody in county jail or state prison.

Proposition 36, passed by the voters in 2000, enacted the Substance Abuse and Crime Prevention Act. Under Prop 36, a person convicted of a nonviolent possession offense that is either a first or second offense, even a felony offense, may be sentenced to treatment rather than incarceration.

Seek Experienced Legal Representation

With so much at stake, it is imperative that you consult an experienced criminal defense attorney who has handled drug offenses similar to yours. At our firm, we take the time to explore all of your options with you and recommend the best course of action, whether it be a plea, a trial, or entry into a treatment program. Whichever route you choose, we will provide you with the best representation available to see that your goals are met to the fullest extent possible. If you have been arrested on drug charges, contact Mark Daniel Melnick, Attorney at Law, to find out how we may be able to help you.