El Monte Drug Crimes Lawyer

El Monte Drug Crimes Attorney

If you’ve been arrested for a drug-related offense in El Monte, you’re likely feeling anxious and unsure about what comes next. Drug charges can carry serious consequences, including jail time, fines, a permanent record, and lasting damage to your reputation and career. Whether the charge is for simple possession or something more serious, like drug sales or manufacturing, an El Monte drug crimes lawyer can help you understand your rights.

Why Choose Us?

At Gibbons & Gibbons, we focus on the specifics of your case in order to build the most appropriate defense. With decades of combined experience, we’ve handled many drug cases across Southern California. We know the legal system and use it to fight on your behalf. Our dedicated legal team can also inform you of your rights in the state as well as your options for your case.

We take the time to explain what’s happening, answer your questions honestly, and develop a defense that fits your specific situation. When you work with us, you’ll always know where your case stands and that someone is fighting for you.

What Is a Drug Crime?

In California, drug crimes cover a broad range of offenses, from low-level misdemeanors to serious felonies. Most cases involve controlled substances like methamphetamine, cocaine, heroin, prescription pills, or marijuana (when possessed or sold illegally). The law divides these offenses into categories depending on what the person allegedly did with the substance. Some of the most common types of drug crimes include:

• Simple possession, which involves having a small amount of a drug for personal use.
• Possession for sale, which includes holding drugs with the intent to distribute or sell, is often based on the amount, packaging, or presence of cash and scales.
• Transportation or distribution involves moving controlled substances from one place to another, which can trigger more serious charges.
• Manufacturing involves the production of illegal substances (such as operating a meth lab).
• Prescription fraud, including using fake prescriptions or doctor shopping to obtain controlled substances illegally.

Each charge comes with its own set of legal elements, defenses, and potential consequences. A simple possession charge could lead to a diversion program or misdemeanor, while manufacturing or trafficking can result in years in prison.

42.5% of individuals in California who were sentenced for a crime in 2024 were sentenced for a drug-related crime. A large part of these (60.7%) was for methamphetamine. These statistics led to 18,172 individuals sentenced for drug trafficking that year in California.

Drug Schedules in California

Drug charges in El Monte and throughout California are also influenced by how the substance is classified. The federal Controlled Substances Act separates drugs into five “schedules” based on their accepted medical use and potential for abuse:

• Schedule I. This category has no accepted medical use and a high potential for abuse, such as heroin and LSD.
• Schedule II. This has a high risk of abuse and very limited medical use. Drugs in this category include fentanyl and oxycodone.
• Schedule III. This has a moderate to low risk of dependence. This category can include ketamine and anabolic steroids.
• Schedule IV. This category has a fairly low risk of abuse. These drugs include Ambien and Xanax.
• Schedule V. These have the least potential for abuse with the highest accepted medical use. This category includes drugs like certain cough medications.

Most drug crime cases in El Monte are handled at the El Monte Courthouse, located at 11234 E. Valley Blvd., El Monte, CA 91731. This courthouse is part of the Los Angeles County Superior Court system and typically oversees misdemeanor and felony cases from the surrounding area, including local drug-related offenses.

Understanding Proposition 36

If you’ve been charged with a non-violent drug possession offense, Proposition 36 might give you a second chance. Prop 36 allows eligible individuals to receive drug treatment instead of jail time. That means you could avoid a criminal conviction by completing a court-supervised program.

To qualify, the offense must involve personal drug use, not sales or violence, and the defendant cannot have a serious or violent felony on their record. Courts in El Monte and throughout L.A. County apply Prop 36 on a case-by-case basis. It’s not automatic, but if your lawyer makes the right argument, it can be a powerful tool to keep your record clean and help you avoid incarceration.

FAQs

What Happens to First-Time Drug Offenders in California?

First-time drug offenders will likely face less serious penalties than repeat offenders. They are often eligible for diversion programs to avoid jail time. The purpose of these programs is to provide treatment instead of punishment, especially for non-violent offenders. This can also lead to dismissed charges if the individual completes their treatment.

How Can I Get Charges Dropped?

To get drug charges dropped in California, you must first attempt to prove that your rights were violated (if they indeed were), such as not being told your Miranda rights or an officer illegally searching your belongings. In other instances, your attorney may try to negotiate on your behalf for reduced charges or advocate for treatment programs instead of legal penalties.

What Is the Minimum Sentence for Drug Possession?

The minimum sentence for drug possession in California can be probation or mandatory treatment, particularly for first-time, non-violent offenders. These penalties are also typically for less serious crimes, such as possession of a low-schedule drug. Felonies, such as drug trafficking or distribution of serious drugs, result in harsher penalties, even for first-time offenders.

Can I Be Charged for Drugs That Aren’t Mine?

Yes, you can be charged for drugs that aren’t yours if they are found in your possession or with your other belongings, such as in a locker, your car, or your home. However, your attorney can argue in court that the drugs were not yours in an attempt to either get the case dismissed or lower the charge. Your attorney will have to prove that the drugs did not belong to you.

Contact Gibbons & Gibbons, A Law Corporation

Being charged with a drug crime is a serious offense, but you do not have to handle the legal aftermath alone. Gibbons & Gibbons, A Law Corporation, can help you fight for your future. Contact us today to get started.