Category Archives: Drug

Indio Drug Court (IROC)

Today I had the honor of attending the graduation ceremony for Indio Drug Court (IROC).  For those who don’t know, drug court (or IROC as it’s called in the court system) is a program for drug offenders which, upon successful completion, will get the person’s case completely dismissed from their record.

Indio drug court (IROC) is not an easy process.  First, your attorney has to convince a panel that you are eligible and a great candidate for the program.  That you truly want help.  You have a personal interview with probation which contributes to whether you will be accepted.  If you are accepted, you go into custody for a few days to a few weeks to get sober.  After that, the Indio Drug Court (IROC) is an 18 month program.  It starts with daily program with mandatory attendance and random drug testing.  You move to a place where they tell you to.  You make new friends and disassociate from old negative influences.  Your new friends become like family and an amazing support system that you didn’t realize you needed.

Upon successful completion of the Indio drug court (IROC), a judge gives you a certificate in a big ceremony and dismisses the case against you.

I was honored to support my client in her graduation celebration today!  I know how hard this woman fought her demons and struggled with her sobriety.  I know how bad she wanted it, and how long it took her to commit to it.  As of last Sunday she has 2 years of sobriety.  And as of today, she had her criminal charges dismissed!!  Today’s ceremony reminded me of how much I love what I do and I love helping people by giving them the tools they need to get back on track!

Portable Drug Test

LAPD Portable Drug Test Use

The Los Angeles Police Department (LAPD) is launching a new program to crack down on driving under the influence of drugs through a portable drug test.  With this new portable drug test, drivers who are stopped at DUI checkpoints will be asked to voluntarily consent to a swab of their cheek and gum line if the cop thinks they are under the influence of drugs.  The keyword here is “voluntarily”, but more on that later.

The Los Angeles City Attorney, Mike Feuer, announced this new portable drug test program in a press conference held on Friday, December 27, 2013.  “Traditionally, our office has focused on drunken driving cases,” Feuer said at a news conference Friday. “We’re expanding drug collection and aggressively enforcing all impaired-driving laws.”

Legalized medical marijuana use is the main target of this new portable drug test program, as the cops struggle to find a way to still penalize people.  The machine will test for marijuana (THC), cocaine, Xanaz, amphetamines, and methamphetamine (meth).

During the press conference, LAPD Commander Andy Smith stated that he anticipated making a large number of arrests on New Year’s Eve and New Year’s Day.  So far, in the two weeks leading up to Christmas, 1520 DUI (drugs and alcohol) arrests have been made in Los Angeles County alone.  The new portable drug test cheek swab will increase this number substantially.

 

Voluntary Portable Drug Test

Unless you are placed under arrest, you do not have to consent to testing.  This means that all of the Field Sobriety Tests (FSTs) are voluntary.  This des include the breath tests (PAS) and the new portable drug test cheek swab.  The cops actually have to tell you that they are voluntary.  You can refuse all FSTs, including the portable drug test.  If you do refuse, and the cop has the probable cause to believe that you are driving under the influence, he or she can place you under arrest and transport you to the station.  At that point you still have the choice of consent.  However, if you refuse after arrest, you will lose your license through the DMV.

 

Portable Drug Test- Driving with therapeutic levels

The portable drug test machine claims that it can differentiate between THC used in the last several hours.  However, for one to be guilty of driving under the influence of a drug, one must actually be under the influence of said drug.  What this means is that your abilities must be negatively affected by the drug.  Having therapeutic levels in your system does not automatically place you in an illegal position.   There is much debate about what levels do actually impair.

 

Other Counties Use of Portable Drug Test

With the LAPD using the new portable drug test to assist with the arresting of people thought to be under the influence of drugs, it will not be long until other law enforcement agencies begin employing them as well.  Agencies want to crack down on drivers who they believe are under the influence.  The signs of a driver who is impaired by drugs are vague and amorphous.  With alcohol, there is often a distinct odor and lack of facilities.  With drugs, there are often no visible signs.  This means that an officer theoretically could harass people and arbitrarily ask them to submit to the tests.  This is a slippery slope law enforcement agencies are beginning down.

 

Arrest Due to Portable Drug Test

If you or a loved one were arrested after being tested by a portable drug test, then you have many, many defenses available!  Contact the Law Office of Stephanie M. Arrache today to discuss all available defenses in your case.  Do not let the portable drug test win!

Click here for more information.

Click It or Ticket

There is a national campaign put forth by the National Highway Traffic Safety Administration (NHTSA) called “Click It or Ticket”.  Between May 20 and June 2, local law enforcement will be on the look out for drivers not wearing their seat belts.  They are trained to look for what they commonly refer to as the “fake out”, which refers to people not correctly wearing their seat belt, or trying to put it on subtly after being pulled over.

The problem which people experience is not necessarily the seat belt ticket itself.  That is a fine, traffic school or other such program.  The larger problem is the possibility of the infraction turning into an arrest for a more serious crime.  Cops are trained to look for vehicle code violations which give them the reason to pull you over.  Once you’re pulled over, they can then investigate for suspended licenses, driving under the influence (DUI), warrants, or any other possible crime.  Most DUI charges begin with simple traffic infractions, such as not wearing a seat belt.

While many people dislike wearing seat belts for comfort reasons, they are proven to save lives.  And not wearing one at all, or wearing it incorrectly just asks for a problem with law enforcement.  Do yourself a favor, save the aggravation and wear your seat belts.

Holiday joint task force

Because of all the celebrating which occurs over the holidays, California law enforcement agencies have created joint task forces to crack down.  This means that in addition to more DUI checkpoints, there is an increase in saturation patrols.  These are cops that drive around looking for drunk drivers.  The problem with the saturation patrols is that they do not need to post the location where they will be.  With checkpoints, the law enforcement agency conducting them must post the location and times 48 hours prior to the checkpoint.  This requirement is not the same for saturation patrols.  In California there are hundreds upon hundreds of possible violations.  It could be something obvious like speeding, or something not so obvious like having a headlight that is too dim or a broken license plate light.  Officers will look for any reason to pull over a vehicle they suspect is being driven by an individual who is driving under the influence.

Sometimes officers become lucky and get more than a drunk driver: they find someone with warrants, drugs, no license, or worse.  If you get arrested over a holiday, the cops have 48 hours to keep you in jail before they have to get you in front of a judge.  This excludes weekends and holidays.  Tuesday, December 25th, is a court holiday.  Therefore, it does not count in the 48 hour limit, which keeps you in jail longer if you’re arrested.

The Law Office of Stephanie M. Arrache does not rest, because cops do not rest.  Stephanie Arrache is always available by phone 24 hours a day if there is an emergency.  If you or a loved one is arrested during the holiday season, do not hesitate to call or email.  You will be answered immediately.  The holiday season is not the time to feel scared and alone because you or a loved one were arrested!

 

 

 

California AB 472

AB472

California State Assemblyman Tom Ammiano (D- San Francisco) introduced a bill on February 15, 2011 regarding drug overdose.  As it currently stands in California, a high rate of drug overdose deaths occur because people are afraid of police and medical involvement.  The rationale is that calling an ambulance or taking a friend to a hospital when they are overdosing on illegal drugs, will result in criminal prosecution.  According to the bill’s author, there were 9.8 per 100,000 drug overdose deaths in California in 2006.  This is a shockingly high number!

The bill, as currently amended, would bar criminal prosecution of a person who is overdosing due to illegal drugs. They would not face any criminal prosecution for drugs in their system, on their person, or any paraphernalia, so long as they were seeking medical help.  The bill would also bar criminal prosecution of any person trying to help a person who is currently overdosing.  It would have the same effect in barring prosecution for any substances or paraphernalia found on the person while trying to help an overdosing person seek medical help.

The bill would be codified as Health & Safety Code §11376.5.  This would fall between Health & Safety Code 11376 (Counseling or education programs) and 11377 (Unauthorized possession).  HS 11376 allows the court to impose counseling for any person who is convicted of drug related crimes.  This is in addition to any fines or terms of jail or prison.  HS 11377 provides for the punishment for drug possession “except as authorized by law”.  This clarification would allow the new HS 11376.5 to take control and bar prosecution of crimes.

Many people cannot control their drug addictions.  It is a disease that controls people.  It is no less serious or controlling than other diseases and ailments.  A person should not be scared to seek medical intervention when they are overdosing on an illegal drug.  A person would not be afraid to seek medical attention if having a heart attack or stroke.  The same should be true of an overdose.

The Bill has passed the State House and Senate and is now on Governor Jerry Brown’s desk awaiting his signature.  Let’s hope this bill becomes active law!

 

The text of the Code is as follows:

11376.5.

(a) Notwithstanding any other law, it shall not be a crime for a person to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if that person, in good faith, seeks medical assistance for another person experiencing a drug-related overdose that is related to the possession of a controlled substance, controlled substance analog, or drug paraphernalia of the person seeking medical assistance, and that person does not obstruct medical or law enforcement personnel. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

(b) Notwithstanding any other law, it shall not be a crime for a person who experiences a drug-related overdose and who is in need of medical assistance to be under the influence of, or to possess for personal use, a controlled substance, controlled substance analog, or drug paraphernalia, if the person or one or more other persons at the scene of the overdose, in good faith, seek medical assistance for the person experiencing the overdose. No other immunities or protections from arrest or prosecution for violations of the law are intended or may be inferred.

(c) This section shall not affect laws prohibiting the selling, providing, giving, or exchanging of drugs, or laws prohibiting the forcible administration of drugs against a person’s will.

(d) Nothing in this section shall affect liability for any offense that involves activities made dangerous by the consumption of a controlled substance or controlled substance analog, including, but not limited to, violations of Section 23103 of the Vehicle Code as specified in Section 23103.5 of the Vehicle Code, or violations of Section 23152 or 23153 of the Vehicle Code.

(e) For the purposes of this section, “drug-related overdose” means an acute medical condition that is the result of the ingestion or use by an individual of one or more controlled substances or one or more controlled substances in combination with alcohol, in quantities that are excessive for that individual that may result in death, disability, or serious injury. An individual’s condition shall be deemed to be a “drug-related overdose” if a reasonable person of ordinary knowledge would believe the condition to be a drug-related overdose that may result in death, disability, or serious injury.

 

Criminal Defense: Arrests at Coachella Update

There is an update on the arrests at Coachella the first weekend (4/13-4/15).  There were a reported 134 arrests by the end of the weekend.  The second weekend (4/20-4/22) there were 101 arrests.  Most of these arrests were for drug or alcohol related offenses.  According to many  concert goers, the police presence was highly felt.  Police were on foot, in cars and even on horseback!  They were on the surrounding streets, inside the concert grounds and walking through the camping areas.  To see a comparison of arrests this year to arrests from years past, click here.

What many concert attendees do not know, however, is that there was a strong UNDERCOVER police presence as well.  Cops went undercover in the concert area and the camping area in order to make drug and alcohol busts.  Many of the arrests were by undercover officers who pretended to be concert goers who wanted to buy drugs.

I spoke with the DA, Paul Zellerbach, who stated that his office was busy processing and filing cases from Coachella.  If you are one of the lucky few who got tickets and are planning on attending this weekend, be careful and aware.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about arrests at Coachella!

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

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Criminal Defense: New marijuana laws

There is a bill in front of the California Legislature, regarding marijuana possession laws.  If a person is found driving with less than 28.5 grams of marijuana (not including concentrated cannabis), under current laws, the court can (and usually does) revoke the person’s license upon conviction.  The court may order the Department of Motor Vehicles (DMV) to revoke the person’s license.

AB2600 is the bill in front of the Legislature seeking to change the current law.  If a person is caught with less than 28.5 grams of marijuana (excluding concentrated cannabis), the person’s driving privileges will not be able to be revoked.  Even if the person is found while driving with the marijuana, they will not have their license revoked.  The bill was presented in February 2012 by Assembly Member Norby, a Republican member from Fullerton.  The bill, if enacted, will add 13202.51 into the Vehicle Code.  The next hearing on the bill is scheduled for April 16, 2012. Check back with this blog for updates.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about AB2600

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

www.facebook.com/palmspringslawyer

Criminal Defense: General Overview of a DUI Arrest

Criminal Defense: General Overview of a DUI Arrest

 

DUI Arrest: General Probable Cause

 

Driving Under the Influence (DUI) occurs in California when a person is driving with a blood alcohol level of .08 or higher.  To pull you over, the officer must have witnessed you violating some law.  This means that the cop must have seen you violate a Vehicle Code, or some other law.  He or she cannot pull you over without reason.  If the cop didn’t see you driving, but a civilian witness did and reported it to the police, this is often enough for the police to conduct an investigation.  For example, if you were driving and hit another car, and the other driver called the police, there will be enough probable cause for the responding officers to investigate whether you have been drinking.  Though they did not see you behind the wheel, the fact that a civilian did, and reported it, can be enough for them to prove you were driving.

 

Proving a DUI Arrest

 

The prosecution must prove that the person was driving under the influence of either alcohol or drugs.  This means that, if the person is accused of driving under the influence of alcohol, the prosecution must prove that at the time of driving, the defendant had a blood alcohol level of .08 or higher.  This does not necessarily mean that it was .08 or higher at the time of the test after the arrest, when the person wasn’t driving.  This means they actually were driving with a .08 or higher.  To be found guilty of driving under the influence of drugs, this means the prosecution must prove that there was enough intoxicants in your system to affect you, and that you were under the influence of them.

 

Tests Cops Use for a DUI Arrest

 

There are many varieties of field sobriety tests (FST) that cops use in determining whether a person is under the influence.  The most common is the breathalyzer.  A person suspected of DUI will be asked to breathe into a portable breath test which will give the cops a preliminary read on your blood alcohol level.  If you do this test, it can then be compared to tests taken after your arrest at the station.

 

Other FST tests include balance tests, counting tests, alphabet test, eye tests, etc.  The officers have been trained in these tests to look for objective signs of intoxication.  If you have any physical problems which would cause you to do poorly on these tests, such as balance or sight issues, you should tell the officer.

 

You DO NOT have to do any of the FSTs, including the preliminary breath test in the field.  You are not required to take any tests in the field, however, you will likely be arrested if the cop has enough to go on in the way of other evidence.  Once you are placed under arrest and taken to the police station for testing, you are then required to do a blood alcohol test.  You may do either a breath test or a blood test.  Urine tests are no longer used, generally speaking.  If the cops suspect that you are under the influence of a drug, the cops will do a blood test.

 

After the DUI Arrest

After a person has been placed under arrest for a DUI, the cops will generally hold the person until they are sober.  This generally means 4 to 12 hours.  Once the cops feel the person is ready to be released, they will issue a citation which a promise to appear.  The person will sign the citation before being allowed to leave.  This indicates that the person will appear at a court on a specified date and time to answer to the DUI charges.  If the DUI rises to the merits of a felony, bail will be set for the person, and they will not be able to leave on their own recognizance.  Once released, it is important that the person consult an attorney.  DUI charges are never definite, and can be won.  Further, the person only has 10 days to contact the DMV to request a hearing, or else they will automatically lose their license.  This is another area where an attorney can be of assistance.

 

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about DUI arrests or have been arrested for a DUI.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

https://www.facebook.com/PalmSpringsLawyer

Criminal Defense: Health and Safety Code 11359 Marijuana Sales

Criminal Defense: Health & Safety Code 11359 Marijuana Sales

 Elements of Health & Safety Code 11359 Marijuana Sales

Health & Safety Code 11359 is the statute against possession of marijuana for sales. The prosecutor must prove that you intended to sell the marijuana found in your possession.  They must also prove that you knew it was marijuana.  If they are able to prove these elements, then you could face 16 months, 2 or 3 years in jail plus fines.  The court takes sales charges very seriously.

Defenses to Health & Safety Code 11359 Marijuana Sales

If you are charged with Health & Safety Code 11359 Marijuana Sales, you do have some defenses to assist you in fighting the charge.  Often the cops will charge you with marijuana sales if they find you with multiple baggies of individually wrapped quantities of marijuana.  These are usually measured out in equal amounts, which indicates selling.  However, a good attorney can persuade the prosecutor that you possessed the baggies because you just bought them.  Similarly, if you possess a large amount of cash when arrested, the cops will argue that you just sold a large quantity of marijuana.  However, an attorney can argue that you had the money because you were looking to buy marijuana for your own personal use.  Convincing the court that you were possessing, or trying to possess the marijuana for personal use is a much better route to take, as there are more options for you penalty-wise and expungement-wise.

What to do if you are charged with Health & Safety Code 11359 Marijuana Sales

If you are charged with Health & Safety Code 11359 marijuana sales, you need to consult an attorney immediately.  There are many routes which your case can take, but they need to be discovered early on.  You want to fight these charges aggressively.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have been arrested for marijuana sales.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

https://www.facebook.com/PalmSpringsLawyer

Criminal Defense: Marijuana Arrest Records

Criminal Defense: Marijuana Arrest Records

Marijuana Arrests

California is becoming more lenient in their rules against possession of marijuana.  When a person is caught with less than one ounce (28.5 grams), they are charged with an infraction.  The penalty for this is only $100 and no jail time.  Possession of more than one ounce carries a penalty of up to 6 months in jail, up to $500 in fines, or both.  Possession by a person over 18 on school grounds is a misdemeanor, punished by up to 6 months in jail, $500 in fines, or both.  Possession by a person under 18, of less than an ounce, on school grounds, is punishable by $250.  A second offense carries an additional 10 days in juvenile hall. If a person has a valid medical marijuana card, they will not be charged at all, and the case will be dismissed.

The abovementioned refers to simple possession only.  This does not apply to sales, transportation, or cultivation.  It also does not apply to concentrated cannabis.  These are all accompanied by stricter penalties.
Marijuana Arrest Records

If you were arrested for simple possession, which means possession for personal use under one ounce, you have a right to have your records sealed.  This applies to people convicted of simple possession, possession on school grounds, or offering, giving away or transporting less than one ounce.  If you were convicted of any of these offenses, your records should be automatically sealed after two years.  Once the records have been sealed, the person can truthfully say that they have never been arrested or convicted of a crime.  Likewise, the district attorney, cops, probation department and courts cannot say that the person was arrested or convicted.  However, the two year time limit does not apply if the person is still on probation, in jail, paying fines, or any other term of the criminal penalty.  Likewise, if there is a civil suit pending, the two year rule does not apply.  The records will get sealed upon termination of all collateral penalties and suits.

Of course, this relief only applies to California, as per state law, and does not necessarily apply to Federal law.  As of today, marijuana possession is still illegal under Federal law.

Hiring an attorney for a Marijuana Arrest

If you were arrested for marijuana possession you will want to hire an attorney.  Because the rules are beneficial to a person with simple possession of less than an ounce, you will want to ensure that you are being convicted of the right thing.  A good attorney can get you the best deal to make sure that after 2 years, your records will be automatically sealed.  You do not want marijuana possession to ruin your life.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have been arrested for marijuana possession or have questions about sealing your marijuana possession records.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

https://www.facebook.com/PalmSpringsLawyer

Criminal Defense: HS 11550

Health and Safety Code 11550

What is HS 11550

Health and Safety code section 11550 is a statute regulating personal drug use.  It covers the willful and intentional use of certain drugs described in this article,

Substances covered under HS 11550

The substances covered under HS 11550 include both legal and illegal substances.

Opiates.

Opium derivatives- such as heroine and morphine.

Hallucinogenic substances- such as Marijuana (aka pot, weed, etc.) and Peyote.

Depressants

Cocaine, or a cocaine base

(http://www.cognitiveliberty.org/dll/state_scheds/california_schedules.htm)

 

Violation of HS 11500

To violate HS 11550, the prosecutor must prove that you had a detectable amount in your system.  They do not need to prove that you were influenced by the substance or acting in any manner because of it.  They need only prove that it was in your system.  The burden then shifts to you to prove a defense, as will be addressed later in this article.

Penalties for Violation of HS 11550

90 days to 1 year in county jail, if charged as a misdemeanor

Informal probation for 3 to 5 years

Drug counseling

Fines

Diversion program eligible

Gun enhancement: If you are found with access to a loaded weapon, you will be subject to county jail for up to 1 year.  If the court determines that you are addicted to a substance, then it will be charged as a felony.

Second conviction: prison for 2, 3 or 4 years


Defenses to HS 11550

You were taking the substance pursuant to the direction of a medical practitioner who is capable of prescribing such substances.

You did not know they were narcotic substances.  This defense comes in under the involuntary intoxication defense, where you did not voluntarily use the substance.

Improper search/lack of probable cause for the arrest.

You were not under the influence of the substance.  This defense works if the evidence against you is weak (i.e. the officer did not take blood).

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have any questions about Health & Safety Code (HS) 11550.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

Criminal Defense: Manufacturing Methamphetamine with a minor in the home

Q: What do I do if I was arrested for manufacturing methamphetamine in my home where my 9 year old son lives?
 
Manufacturing methamphetamine Charges
A charge of manufacturing methamphetamine carries a very hefty punishment.  The term of imprisonment if 3, 5 or 7 years, and a fine of up to $50,000.  The courts tend to treat this charge more harshly than other drug charges.  Even offering to manufacture methamphetamine carries a term of 3, 4 or 5 years.
Enhancement for a minor being in the home where methamphetamine was manufactured
If you were arrested for manufacturing methamphetamine in your home, you could be facing a sentencing enhancement if there was a minor under 16 present.  The sentence enhancement for this charge is an additional 2 years imprisonment.  The District Attorney must first prove their charges of methamphetamine being manufactured in their home.  They must then prove that the minor lived in the home and/or was present in the home while the methamphetamine was being manufactured.
Enhancement for a minor being injured due to methamphetamine being manufactured in the home
If you were charged with manufacturing methamphetamine in the home, and there is an allegation that a minor under the age of 16 was injured and suffered great bodily injury from the manufacturing of the meth, then you are facing a 5 year additional sentence.  For example, if you were engaged in the making of the substance, and there was an explosion which caused a minor to suffer burns, then the District Attorney can add the sentence enhancement.  As stated above, they need to prove the manufacturing elements first.  Once that has been proven, they need to prove that a minor suffered great bodily injury from the manufacturing of the substance in the home.
 
Fighting a charge of manufacturing methamphetamine where a minor was present in the home
If you have been charged with manufacturing methamphetamine in the home where a minor under 16 was present, you need to hire an attorney to fight these charges.  They are fightable and winnable, and are very serious.
Please contact the Law Office of Stephanie M. Arrache, a criminal defense firm, to discuss fighting the charges of manufacturing methamphetamine in the home where a minor under 16 was present.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

www.facebook.com/palmspringslawyer

Criminal Defense: Manufacturing Methamphetamine resulting in great bodily injury or death of another

Manufacturing methamphetamine that results in great bodily injury to or death of another
 
Manufacturing methamphetamine Charges
A charge of manufacturing methamphetamine carries a very hefty punishment.  The term of imprisonment if 3, 5 or 7 years, and a fine of up to $50,000.  The courts tend to treat this charge more harshly than other drug charges.  Even offering to manufacture methamphetamine carries a term of 3, 4 or 5 years.
Enhancement for methamphetamine manufacturing resulting in great bodily injury
If you were arrested for manufacturing methamphetamine in your home, you could be facing a sentencing enhancement if there was an accident which led to the great bodily injury to any person over the age of 16.  (For injuries to a minor under 16, please see Manufacturing Methamphetamine with a minor in the house).  The enhancement is for 1 additional year per person injured, as long as the person was not an accomplice.
Enhancement for methamphetamine manufacturing resulting in death
If you were charged with manufacturing methamphetamine which resulted in the death of a person other than an accomplice, there is an additional penalty of 1 year per person killed.  This enhancement does not apply is the person or persons killed were an accomplice.
Additional charges for the death or great bodily injury of another resulting from methamphetamine manufacturing
If you are being charged with murder (PC §187), manslaughter (PC §192), or a direct charge of infliction of great bodily injury (PC §12022.7), then the enhancement of 1 year will not apply to you.  As a rule, you cannot be charged for murder and have an additional enhancement applied against you.
 
Fighting a charge of manufacturing methamphetamine resulting in death or great bodily injury
If you have been charged with manufacturing methamphetamine in the home which resulted in death or great bodily injury, you need to hire an attorney to fight these charges.  These charges are fightable and winnable, and are very serious.
Please contactthe Law Office of Stephanie M. Arrache, a criminal defense firm, to discuss fighting the charges of manufacturing methamphetamine which resulted in the death or great bodily injury of another.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

www.facebook.com/palmspringslawyer