It is a federal crime for a convicted felon to be in unlawful possession of a firearm, and the ordinary maximum sentence for that crime is 10 years of imprisonment. However, under the Armed Career Criminal Act (Act), a convicted felon unlawfully in possession of a firearm is subject to “Sentencing: California Felony Convictions Increase Punishment under Federal Law”
Defending Drug-Related Crimes in San Diego
I often represent individuals accused of committing crimes related to possession, sale and transportation of illegal drugs, prescription drug offenses related to pharmacy crimes, and offenses related to marijuana cultivation and possession. The primary defense in most drug possession and sale matters involves whether the prosecution can establish that the evidence was “Defending Drug-Related Crimes in San Diego”
Drugs and Gun Found During Illegal Search Admissible Evidence
The Ninth Circuit court of Appeals just upheld the admissibility of drug and firearm evidence in a case where law enforcement conducted an illegal search of a vehicle under the doctrine of inevitable discovery. In United States v. Ruckes, the Court followed the recent Supreme Court decision of Arizona v. Gant. “Drugs and Gun Found During Illegal Search Admissible Evidence”
Mexico Legalizes Drug Possession for Personal Use
The movement to decriminalize drug use recently gained a major ally. The Republic of Mexico decriminalized possession of small amounts of marijuana, cocaine, heroin and other drugs. Drug rehabilitation, rather than punishment, is now “encouraged,” and a third drug possession offense will subject the offender to drug treatment, although no way “Mexico Legalizes Drug Possession for Personal Use”
Is that Drug Really Cocaine, Methamphetamine, Marijuana, or Heroin?
In serious drug prosecutions, criminal defense lawyers cannot blindly trust police crime lab reports supposedly confirming that a substance is really cocaine, methamphetamine, marijuana, or heroin. For that matter, anything coming out of the crime lab, such as blood toxicology results, DNA results and chain-of custody receipts should not be “Is that Drug Really Cocaine, Methamphetamine, Marijuana, or Heroin?”