How Long Do Drug Related Cases Typically Take To Resolve?
It depends on the case itself. If it is a mere possession for personal use, sometimes the accused qualifies for a program such as Prop-36 or Drug Court. These programs usually take about a year to two to finish before the case is resolved and the charges are dismissed. If it is a felony or misdemeanor that does not qualify for a drug program, the case could take as long as it needs to. Sometimes it is resolved right away, sometimes it is may take three to six months and longer. It really depends on the nature and the seriousness of the charge.
Can Police Officers Execute A Warrantless Search On A Property If They Suspect Drug Crimes?
If police pulls someone over in a vehicle, they must have a reason for pulling the vehicle over, such as a traffic violation or a vehicle code violation. Once they are pulled over, the police still cannot search the car without probable cause. One example of probable cause is someone is pulled over for speeding and once they roll down the car window the police smell marijuana, then the police have probable cause and can search the car.
However, if the officer just feels that person has drugs in the car but does not have probable cause, no, they cannot search the vehicle. The same thing goes for the home. The law is stricter when a home is the subject of a search. The law does not allow the police officers to search a home without a search warrant just merely because they believe there are drugs in that house.
If Drugs Are Found In A Car And I Am A Passenger In The Vehicle, Will I Be Charged As Well?
Yes. If the drugs are found in the car and they are in the passenger compartment, meaning under the seat of the passenger or somewhere within the control and access of the passenger, that person could still be charged. Even though it is not their car and the drugs are found in the car which does not belong to them. Sometimes when the police find drugs in the car, nobody admits to it so everyone in the car is charged. Just because one is a passenger does not mean that they are immune from being charged.
What Defense Strategies Are You Able To Use In Cases Where The Evidence Goes Against Your Client?
It depends on the drug case itself. However, let us say they are charging the client with possession with intent to sell. Obviously, the main keyword in that charge is intent, so the district attorney has to actually prove that the possession itself was not for personal use but the person who possessed the drug had the intent to sell it.
The best defense is to try to nullify that intent and show that the intent does not exist. If the DA or the city attorney cannot prove that such intent existed, then the charge itself is thrown out.
For more information on Timeline Of Drug Related Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (310) 894-8548 today.