San Diego Drug Defense Attorney: The Law Office of Michael Rehm provides representation on all Drug charges throughout San Diego and surrounding counties. Examples of common Drug Charges include:
■ Health & Safety Code 11351 – Possession of Controlled Substance for Sale
■ Health & Safety Code 11357 – Possession of Marijuana
■ Health & Safety Code 11359 – Possession of Marijuana for Sale
■ Health & Safety Code 11364 – Possession of Drug Paraphernalia
■ Health & Safety Code 11377 – Possession of Methamphetamine
Drug cases can come with stiff penalties, including potential lengthy incarceration time. Required registration as a drug offender can also be required. A good defense is a must when facing these serious consequences.
A large number of drug cases involve some sort of search conducted by law enforcement to uncover the drugs in question. So the 4th Amendment protection against unlawful search and seizure is a natural aspect of defending drug charges. If the search was unlawful, the case can get disposed of if successful at establishing that fact. This would normally be done at a Motion to Suppress Evidence, pursuant to Penal Code 1538.5. Therefore, much like in DUI Defense, an in-depth knowledge of the law applicable to the 4th Amendment is necessary in order to properly defend these types of charges.
Many drug offenses can be successfully resolved through Penal Code 1000 Diversion or through Prop 36 diversion. The normal procedure for a defendant, who is deemed to be eligible for one of these programs, is to plead to the charge, and have plea withdrawn and the case dismissed upon successful completion of the program. Generally speaking, Penal Code 1000 Diversion is the less intrusive of the two types of programs, with Prop 36 normally consisting of activities and required attendance up to 5 times a week, which can obviously be very difficult to the employed individual or the lower income person who has transportation issues. The big advantage to successful completion of diversion is full dismissal of the charges. San Diego Drug Attorney Michael Rehm has the goal of a full dismissal in mind in every drug case.
For the individual who is not a citizen of the United States, there are major potential immigration consequences stemming from a conviction for certain drug charges. Such consequences can be deportation, denial of naturalization or ineligibility for reentry. Also, in the narrow context of the non-citizen having the Penal Code 1000 or Proposition 36 alternative, a dismissal pursuant to diversion does nothing for immigration consequences. It is still considered a conviction even if it later was dismissed pursuant to Prop 36 or Penal Code 1000. Therefore, diversion is not an option for the non-citizen. There are however certain plea bargains that can be worked out that avoid immigration consequences, but an understanding of the effect criminal law consequences can have in Federal Immigration Court is a necessity for any attorney representing non-citizens on drug, or criminal, charges in general.