Different Types of Drug Crimes in California California drug laws are complex, and if you are in legal trouble, Vallens Law is here to advocate for you. The penalties a Californian will face for a drug-related conviction depend in a large part on what the defendant does or does not do with the drugs. Some categories of drug crimes are: Possession of drugs with the intention to use them personally. Many possession charges are misdemeanors. However, the penalties can vary based on the type of drug, the amount the defendant has, and the defendant’s prior history. Certain aggravating factors can …

California Drug Court  If you have been charged with a nonviolent drug crime in California, you may be able to have your charges dismissed. Some defendants charged with nonviolent drug crimes are eligible for a California program known as “drug court”, which involves a voluntary process for someone with drug charges to go through treatment rather than incarceration or other punishment. California drug court is an option for those charged with either misdemeanors or felonies, and it is most likely to be granted to someone charged with:  Drug possession  Marijuana possession  Being under the influence of drugs  However, some defendants …

New Prop 36 Changes in California Criminal Defense In California, you can again be charged with a felony for petty theft. Under Proposition 36, which was passed by California voters on the November 5th election, there are new penalties for some repeat drug and theft offenses. Currently, petty theft (theft of items worth an aggregate of $950 or less), is generally a misdemeanor. However, the new law will make this offense a “wobbler” (an offense that can either be a misdemeanor or a felony) if the defendant has two prior convictions, regardless of the value of the items. This means …

Mental Health Diversion Eligibility in California In California, you may be able to avoid a criminal conviction if you go through the process of mental health pretrial diversion. A pretrial diversion is a process that some defendants can go through, and if successful, they can avoid custody time, focusing on education and rehabilitation rather than punishment. For a defendant to be eligible for mental health diversion, two criteria must both be met. The defendant must be diagnosed with a mental health disorder. This diagnosis must come from a doctor, psychiatrist, or other mental health professional. Self-diagnoses are not accepted by …

When Does a DUI Become a Felony in California? If you drive after consuming alcohol or drugs or both, you could face criminal charges. Driving under the influence of drugs or alcohol (DUI) in California is often a misdemeanor, but there are aggravating circumstances that could elevate the penalties into a felony. A felony charge can lead to time in state prison, in addition to losing some civil rights, such as owning a firearm, voting rights, obtaining state licenses and serving in the Armed Forces. If you are charged with a DUI, it’s crucial to have an aggressive and experienced …

Arrested for DUI Drugs in California? Have you been charged with driving under the influence of drugs? If so, the Law Offices of Jeffrey Vallens can help you.California’s DUI laws apply to not only alcohol intoxication, but DUI cases can also be based upon impairment from any drug that affects one’s ability to safely drive a motor vehicle (or boat), including but not limited to these commonly seen drugs:  Fentanyl, heroin, cocaine, MDMA, and many more.  Legal drugs, whether prescription or over-the-counter such as cough medicine, Benadryl, Adderall, anti-anxiety, etc. Driving under the influence of marijuana is illegal, whether or …

Holiday Weekend Car Accidents in California? It’s only Tuesday and I’ve already gotten a lot of calls about car accidents this weekend. If you were involved in a car accident over the long weekend, here is some basic advice: Contact your insurance company in a timely manner. Most insurance policies require that you report a claim within a reasonable amount of time. I would suggest that not more than ten days is a good rule of thumb. Don’t talk to anybody else about the accident, except your insurance company and your lawyer. Get any medical treatment you need in a …

Holiday Weekends Mean Increased Police Patrols and DUI Arrests It is going to be a beautiful weekend in Southern California. Police patrols, especially by the California Highway Patrol are going to be increased. Police will be on the beach, on bicycles, on motorcycles with radar guns hiding behind cars, trees, brick walls and anything else that will conceal them from view. DUI arrests will skyrocket this weekend. I’ve written a couple blogs like this one before, but only because it is so important. Don’t give the pricks the satisfaction of taking you to jail. Here are ten ways to help …

How to Avoid and Deal with a Traffic Stop. Perspectives from a California DUI and Criminal Defense Attorney I just read an article on msn.com about 15 things the police can take from you without a warrant. I thought it was a very good article, as it should be from Microsoft. I would like to expand upon this in several ways. First, most penal laws are enforced on a state-by-state basis. This means that the laws can change from one state to the next. For example, marijuana may be legal for recreational use here in California, but it’s still very …

Mediation and Alternate Dispute Resolution is Often Better than Trial The average jury trial in California is three to seven days long. The average lawyer in California bills $586 per hour. That means, if you are paying your lawyer hourly and your trial only goes three days, that would cost you over $17,000 for your trial, win lose or draw. And that does not include any trial preparation, the final status conference, the mandatory settlement conference and anything that could (and does) happen after the verdict. If you are not paying your lawyer hourly and they take a percentage of …