Although any criminal charge is serious, some are deemed more serious by law enforcement than others. In particular, drug charges can have a long term affect on a person’s life. They can prevent a person from receiving student loans. They can result in a person losing their right to own a gun. If the charge is a felony, then it can result in years in prison.

Keep reading to find out what three factors the prosecution will consider when deciding whether or not to charge a drug crime as a felony or misdemeanor. If you have been charged with a drug crime then we encourage you to contact Law Offices of Torrence L. Howell at 909-920-0908 now for a free legal consultation.

1. The Type of Drugs and the Amount of Drugs

The type of drugs you are caught with will impact how you are charged. Likewise, the amount of drugs will be factor. For example, if a person is caught with heroin or cocaine, they may face automatic felony charges. Other drugs may lead to misdemeanor charges unless you rea caught with a large amount of the drug. It may be up to the prosecutor to decide if your charge warrants felony or misdemeanor designation.

2. The Reason for Possession

A person who is caught possessing drugs for their own personal use is likely to face a misdemeanor. On the other hand, a person who is caught with possession with the intent to sell or distribute could see felony charges. This is because the law considers the crime of doing drugs personally less than the crime of enabling others to do drugs. If you are caught with a high enough amount of drugs, you could be charged with drug trafficking, which is the most serious of all drug charges.

3. Aggravating Circumstances

If there are aggravating circumstances, then you can expect to face more serious charges. Examples including committing a drug crime within 1,000 feet of a drug-free zone (such as a school, college, arcade, playground, etc.,), possession of a firearm, gang-related activities, or using or possessing drugs in the presence of a minor.

The Potential Consequences of a Felony Drug Charge Can Be Significant

If you are convicted of a felony drug charge, not only will you face time in prison and have fines to pay, but you will lose your right to vote as long as you are incarcerated or on probation. You will lose your right to serve on a jury. You will lose your right to serve in the military and may lose veteran’s benefits you have already earned. You could face discrimination when it comes to finding housing or a job.

The best way to avoid these consequences is to work with a drug crimes attorney who can help you fight for you rights. Contact Law Offices of Torrence L. Howell at 909-920-0908 now to request a free legal consultation.

If you are in your own home in the state of California, you do have the right to protect yourself without retreating. In some states, this is known as a “stand your ground” law. Both caselaw and a judge’s jury instructions recognize that you have a right to use force to protect your property without first trying to escape.

However, there are limits to this right. Keep reading to learn more about stand your ground laws. Find out what your options are if you are arrested for breaking into someone’s home or standing up to someone who broke into yours. Call Law Offices of Torrence L. Howell at 909-920-0908 for a free legal consultation.

When Does Stand Your Ground Apply?

In the state of California, a person is lawfully acting in self-defense or defending another person if they believe they or another person is in imminent danger, they believe that the use of force is necessary to defend themselves against danger, and they do not use more force than is reasonably necessary. The imminent danger must be one that has no option other than being instantly dealt with.

Can a Person Defend Their Personal Property with Stand Your Grand?

Yes. A person can use reasonable force to protect their property from imminent harm. They can also use reasonable force to protect property of a guest or family member. The court considers reasonable force to be the amount of force that a reasonable person in the same situation would consider necessary to protect the property.

This can even include deadly fore in the case of someone defending their property against someone who intends to commit a felony or when they are defending their home against someone who is trying to enter in a violent matter to harm someone inside the property.

Can a Person Legally Use Force to Evict a Trespasser?

Yes. If the owner or lawful occupant of the property asks the trespasser to leave the property, and said trespasser does not do so within a reasonable amount of time, and the owner or occupant believes that the trespasser poses a threat, reasonable force can be used. If the trespasser resists, then the owner or occupant can use more force in proportion to the force used by the trespasser and / or the threat the trespasser poses to the property.

What Do I Do If I Was Charged After Defending My Property?

Call an attorney. At Law Offices of Torrence L. Howell we know your rights and we will ensure that you do too. Call us now at 909-920-0908 and we can get started with a free legal consultation. We will carefully consider the case against you, the evidence, and your side of the story. There are defense options and we will find them – call now.

If you are convicted of a DUI in California, there are a number of penalties you could end up facing – including being required to wear a SCRAM bracelet. Keep reading to learn what they are, who has to wear them, and how much they cost. If you still have questions, or you need a free legal consultation, call 909-920-0908 to talk to a criminal defense attorney at Law Offices of Torrence L. Howell.

What is a SCRAM Bracelet?

It is an alcohol monitoring bracelet that may be ordered as part of a DUI sentence. This is generally only issued for people whom the judge feels are addicted to alcohol. They are more serious than the ignition interlock devices (IID) because IIDs only affect whether or not a person can drive after getting drunk. The point of the SCRAM bracelet is to monitor whether a person is drinking at all.

How Exactly Does SCRAM Work?

The acronym SCRAM stands for Secure Continuous Remote Alcohol Monitor. Despite the name, it is actually worn around the ankle and it can detect any amount of alcohol in your sweat. The entire unit is a bracelet and then two small boxes that fit on both sides of the leg, right above the ankle. Each of the boxes is around the size of a deck of cards. It checks for alcohol once an hour and randomly as well. It then transmits the results once per day. They are worn 24 hours a day and are resistant to water.

Will I Be Required to Wear a SCRAM?

In most cases, DUI sentences do not require the use of SCRAM. They are most commonly ordered if a person has had at least three DUIs, has a history of alcohol abuse, and previous attempts for alcohol treatment have not worked. Note that an order to wear a SCRAM means that you are not allowed to drink at all. If you do, then you may end up in jail.

How Long Will I Be Required to Wear a SCRAM Bracelet?

It depends. If you are required to wear one at all, the minimum sentence is 30 days. However, it unlikely to be that short. In fact, it can last a year or longer. The idea is that they want to monitor the wearer until they have evidence that said user has truly given up alcohol. This takes longer than a month.

How Much Do SCRAM Bracelets Cost?

The person who is required to wear the SCRAM bracelet is required to pay for it. This begins with a one-time installation to install it, and then ongoing monitoring fees. In the event that you cannot pay for it, the county may pay some or all of the costs.

If you are facing a DUI then you need an attorney who can help keep the penalties as reasonable as possible. Contact Law Offices of Torrence L. Howell at 909-920-0908 now for a free legal consultation.

There are many reasons a person may end up being asked to speak to the police. It may seem to some that if a person does not want to talk to the police, or insists on having a criminal defense attorney present, then they are guilty. This is false. At Law Offices of Torrence L. Howell recommend that even someone with nothing at stake should talk to an attorney before talking to the police. Keep reading to find out more. Then contact us at 909-920-0908 for a free legal consultation.

Your Case is Never as Simple as it Seems

One of the biggest mistakes a person makes is to assume that they should talk to the police because their case is very clear. They may have been out to dinner with a group of friends at the time the crime was committed. It may seem simple enough to tell the police where they were and who they were with to clear their name.

However, what happens when further evidence shows that the crime was actually committed before or after the time with your friends? What if you have admitted to drinking with your friends and the police then say that you may have committed the crime and have no memory of it? This may seem farfetched but there are literally thousands of innocent people serving time in prison right now.

1. Delay the Interview Until Your Attorney Can Be Present

If you feel trapped to give an immediate answer, take a breath and stay silent. The police make people nervous – that is a fact. When a person is anxious, they may give inaccurate answers. They may say more or less than they mean to. The best way to prevent this from happening is to simply delay the interview.

While we do recommend that you wait until your attorney can be present, you can also just say, “This is a bad time,” and ask them to come back or call another time. If they continue to pressure you, insist that you will not speak to them at that time. You are never obligated to talk to the police beyond giving them basic information about your name, etc. – even if you are under arrest.

2. Insist That the Interview is Recorded

If you do decide to speak to the police but are concerned that they may inevitably take your words out of context, insist that they record it. You can also ask for a written summary to sign that indicates what you said. This significantly reduces the chances that your words can then be taken out of context.

If you have any questions about how, when, or why to talk to the police, we strongly recommend contacting Law Offices of Torrence L. Howell at 909-920-0908 now for a free legal consultation.

If you have been arrested for any drug charge in California, your best option is to contact a criminal defense attorney sooner rather than later. At Law Offices of Torrence L. Howell, one of the ways in which we will work to secure a dismissal is to look at potential mistakes law enforcement may have made. Keep reading to learn more about them and then contact us at 909-920-0908 if you are in need of a consultation with an experienced drug crimes attorney.

Incorrectly Identifying the Drug

Police often make assumptions when they see a substance that resembles an illegal drug even if it is not. For example, they may see a powder and assume that it is a narcotic when it is actually a legal protein powder. If this happened to you, then your criminal defense attorney can request that the evidence is evaluated in a crime lab. The test results will prove what the substance really is.

You Were Unlawfully Searched

One of the first things we will do when you contact Law Offices of Torrence L. Howell is to go over the moments that led to your arrest. We are going to be looking for illegal behavior from the arresting officer. If they did not follow protocol to the T, then any evidence they obtained could be found inadmissible and you could have the charges dropped.

For example, if you were pulled over by the police and they looked through your trunk or other areas that were not in plain sight, and that you did not give them permission to search, then this is likely an unlawful search and seizure. This is why we strongly recommend that you never consent to have your vehicle or property searched.

You Were Entrapped

The police are well within their legal rights to lie to you but they cannot pressure you to commit a crime that you would not have otherwise committed. If they do so, it is known as entrapment. If the police have lured you into a situation in which you were convinced by them to break the law, then you should write down every detail of the situation and then immediately contact Law Offices of Torrence L. Howell at 909-920-0908.

Evidence Was Lost

Most drug cases rest heavily on the physical evidence against the accused. For this reason, we may request that the prosecutor brings the drugs that were allegedly confiscated from you. It is more common than many people might think for this type of evidence to be lost. If that happens, then it is likely the charges will be dropped.

These are just some defense options. If your case does not fit squarely into one of them, that does not mean there are no defense options. It simply means that you have all the more reason to contact Law Offices of Torrence L. Howell at 909-920-0908 for a free legal consultation.