Your defense against state drug crimes is similar to the defense of federal drug crimes, except for differences in sentencing and pre-trial motions.

An important factor in determining the seriousness of your drug case is the type and quantity of the illegal drugs involved in your case. A few pounds is more serious than a few ounces, just as a few ounces is more serious than a few grams, and so on.

Another, equally important factor in determining the seriousness of your drug case is whether or not you have a prior criminal record. Obviously, a record with a Strike or two or a prison prior or two or felony probation will have greater potential punishment than someone with a clean or relatively minor record consisting of misdemeanors.

The first line of defense in any drug case is to evaluate whether or not the police conducted an illegal search of your home, automobile or yourself. Your lawyer must be able to understand the law of illegal searches and seizures.

Under the Fourth Amendment to the U.S. Constitution, you have a right to be protected against illegal searches and seizures by police investigators. An experienced and knowledgeable lawyer knows these constitutional rules and how to apply them in your defense.

The next line of defense an accurate evaluation of the strength of the prosecution's evidence so that immediate steps can be taken to build a strong defense case.

In some cases, where police conduct direct drug buys, the evidence of your guilt may be insurmountable; however, many cases involve the testimony of informants who are drug dealers setting up drug buys to work a beef off their own heads.

Your lawyer must be able to understand how the world of undercover drug investigations works and what he must do to investigate and find ways to discredit an informant and his potential testimony.

In cases of simple drug use and possession, California law provides two programs to avoid a drug conviction. One is the Penal Code section 1000 or diversion program, usually reserved for first time drug offenders whose only charge involves the use or possession of drugs.

Those charged with a DUI plus drug use or possession are not eligible for this program. Proposition 36 enacted into law several years ago is another court program for drug users and possessors and allows even persons on probation or parole to participate.

Again, the charges cannot include a DUI or any other non-drug offense. Your lawyer should be skilled enough to work out a plea bargain that calls for dismissal of the disqualifying charges or he should find an alternative to qualify you for the Diversion or Proposition 36 programs.

Your freedom and record are too important to entrust to an inexperienced attorney. I am one of San Diego's most experienced criminal defense attorneys.

With over 20 years of experience, devoted exclusively to the practice of criminal law; I (Stephen Brodsky, Attorney at Law) have successfully defended hundreds of people in all areas of criminal law.

IF YOU ARE CHARGED WITH A STATE OR FEDERAL DRUG CRIME CONTACT MY OFFICE TODAY FOR A FREE CONSULTATION ON HOW TO PREPARE A SUCCESSFUL DEFENSE.