A controlled substance is any narcotic governed by law. For example, marijuana, cocaine, heroin, LSD, PCP and methamphetamine are all controlled substances under California (and federal) law.
Drug trafficking typically refers to the illegal sale and/or distribution of an illegal drug. More often than not, trafficking has less to do with whether the narcotic(s) cross state lines and more to do with the amount of drugs involved.
It is important to remember that the decision to prosecute is made by the prosecutor, not the police or the crime victim. Similarly, the victim of an offense can not simply “drop the charges.” Regardless, there are numerous vehicles available to find relief within the criminal justice system.
If your child has been arrested, he or she can be either released to you or detained in a juvenile detention facility (i.e. “juvenile hall”). While there is no juvenile right to bail, he or she does have the right to be rapidly brought before a judge.
The prosecution must file a petition within 48 hours of his or her arrest. If indeed the petition is filed in a timely manner, the minor must be brought before the court before the end of the following court day.
In the state of California, reducing a felony charge to a misdemeanor allows you to answer negatively to questions regarding prior convictions on various types of applications. It allows you to reclaim your right to a firearm, participate in jury duty, seek state licensure and apply for various forms of assistance. Expungement also makes it possible for you to overcome background checks associated with housing rental applications. Overall, expungement is an incredibly potent tool for restoring your civil rights.
A California attorney who is certified by the State Bar as a Criminal Law specialist must have taken and passed an extensive written examination in criminal law, demonstrated a high level of experience with criminal defense cases, fulfilled ongoing education requirements and been favorably evaluated by other attorneys and judges familiar with his or her work. Just as you would not want your family doctor to perform the most sensitive open heart surgery, and might instead opt for a specialist, if your freedom, record and reputation are at stake, you might prefer to trust your future to a specialist Certified by the State Bar of California as a Criminal Law Specialist.
Beginning in the nineties, state governments enacted “three strikes” laws in order to mandate long periods of imprisonment for persons convicted of a felony on three (or more) separate occasions. The underlying philosophy of these laws is that any person who commits more than two felonies can justifiably be considered incorrigible and chronically criminal, and that permanent imprisonment is then mandated for the safety of society.