Southern California Drug Defense Attorneys, Criminal Defense Attorneys

Premier Orange County Drug Crime Defense Attorneys and Top Criminal Lawyers

If you are facing criminal charges involving drugs, you need to rely on the expertise and knowledge of a criminal defense attorney with experience in handing drug offenses. When faced with intimidating drug charges, call the Law Offices of Michael L. Guisti and have one of our Southern California Drug Defense Attorneys put their expertise and knowledge to work for you.

In addition to the federal government, each state has statues prohibiting the unlawful manufacturing, distributing, and use of drugs. These laws are aimed at reducing drug-related crimes, curtailing the unlawful consumption of narcotics, and to identify and punish repeat offenders, particularly major drug dealers.

Under federal law, drugs and other controlled substances are classified according to "schedules," which are determined by the Attorney General. For the most part, the drug schedules used by each state often refer to or are based upon the schedules used by the federal government. Substances referred to these schedules are also known as "Controlled Dangerous Substances", or CDS.

Drug Crimes Punishments

The punishment for a drug-related crime depends on several factors:

• The amount, or quantity of the drug involved in the offense
• Its given classification under pertinent drug schedules
• The defendant's intentions with regard to the drug

The crimes that are given the harshest punishments are:

• Manufacturing or producing illegal drugs
• Selling or distributing drugs

As an example, a person convicted of selling ('dealing') more than five ounces of cocaine or heroine can be sentenced to more than 10 years in prison. In addition, being convicted of drug possession with intent to distribute is likewise punished very severely.

By law, intent to distribute can be proven merely by the amount of a drug with which you are caught in possession. Any evidence or witnesses to an alleged drug sale are not required to indicate intent.

Possession of narcotics for personal use is treated as a serious crime in virtually every state. However, some states are slightly more lenient when it comes to punishments for drug-related offenses not involving distribution. For instance, in certain states possession of less than 50 grams of marijuana is at times treated merely as a disorderly person's offense, which means that the offender may be ordered to pay a fine and be placed on probation instead of having to serve jail time. Nevertheless, possession of a greater quantity of marijuana or another drug is treated as a very serious crime, even if it was only for personal use.

Drug Crimes with Harsher Penalties

Under the drug laws of some states, certain drug crimes trigger stricter penalties for particular offenses, such as:

• The use of minors to distribute drugs
• Selling or distributing drugs to minors;
• Selling or distributing drugs on school grounds

These stricter penalties vary from state to state, so it is important that your criminal defense attorney understand the laws in your area. In addition, drug laws in certain states allow the government to seize your property if it was used in the committing of a drug-related offense. For example, if you used your house to grow, produce, or sell drugs, the government can have your house seized, and you will be forced to "forfeit" your home.

Professional Drug Dealers

Special laws cover professional drug dealers. A "drug kingpin," or a person organizing, financing, or managing a business to manufacture, transport or sell drugs, is committing a serious crime.

Special sentences are reserved for professional drug dealers. Under federal laws, a drug kingpin can face the death penalty. In addition, some states impose 25 years imprisonment without parole for professional drug dealers.

Being charged with a drug offense in the state of California is based on an extremely complicated system of "schedules." Basically this means that, if you are convicted of a drug crime in the state of California, you may face anything from probation and a fine to life in prison. You need to seek the advice of an experienced and aggressive criminal attorney immediately. The Law Offices of Michael L. Guisti can provide you with the knowledge and experience that is crucial when defending you against drug charges.

The Controlled Substance Act classifies narcotics into 5 different categories or "schedules," the most serious being "Schedule 1" offenses that include narcotics such as heroine, cocaine, methamphetamine, ecstasy, LSD and PCP. A conviction of a schedule 1 drug crime can carry up to 20 years in prison plus fines. If this is your third conviction, however, there is the possibility of life in prison.

Marijuana laws are not as severe as the above offenses and depend on the volume of the substance apprehended. With a large amount of marijuana, the penalties could amount to those of drug offenses with cocaine or heroine. For a detailed description of the code, please refer to www.usdoj.gov/dea/agency/penalties.html.

If this is your first offense and there is no violence, you may be eligible for alternative sentencing by the courts. The courts may impose a sentence comprised of counseling, rehabilitation, periodic drug testing, and probation. You must seek the advice of an experienced and knowledgeable California drug crimes attorney who knows the laws and can advise you in the most knowledgeable and powerful way.

Regardless of the severity of the drug charges, you must protect your constitutional rights. The Law Offices of Michael L. Guisti is dedicated to upholding your rights. We employ an aggressive defense and can often reduce or dismiss the charges against you. Our sole priority is to achieve a resolution that you can live with, without significantly affecting your lifestyle.

Our Drug Defense Attorneys have represented hundreds of clients and have the expertise in the criminal justice system. We will make sure that all alternative sentencing options are presented to the judge. The Law Offices of Michael L. Guisti may be able to present your case under special circumstances where steps for rehabilitation are determined. In California, Proposition 36 offers an alternative to incarceration for non-violent first time drug offenders. Instead of prison time, you will be placed on probation and sentenced to a drug rehabilitation facility for a year and follow-up care for an additional period of 6 months.

It is important to realize that you deserve the best defense possible in court. The Law Offices of Michael L. Guisti will vigorously defend your rights and guarantees that you will receive the undivided attention you deserve. The Law Offices of Michael L. Guisti will vigorously defend your rights to a fair and unbiased trial and guarantees that you will receive the undivided attention you deserve. Please contact us today at (714) 530-9690 for a free consultation.