Drug Charges

Personal Use
California has a variety of treatment options in personal use cases (and small possession for sale cases). While many view these options as preferable to normal criminal justice penalties, they have definite downsides that must be discussed and considered before accepting such an option. First treatment options often entail a felony conviction with a promise that the conviction will be “set aside” upon successful completion. The “set aside,” however, sounds better than it is; the conviction still exists for some purposes, including the lifelong bar on owning firearms.

Moreover, those who do not succeed in the county-run treatment programs can easily suffer more penalties than they would have if they had not taken a treatment option. This office does not discourage treatment for those who desire it. In fact, Mr. Duree has long served as chairman of the board of Warm Winds, a charitable organization that assists in obtaining private treatment and runs clean and sober houses. Often, however, we direct such people to private treatment and deal with the criminal case head-on.

Still, the treatment options may be the best course in resolving any given case; their downsides and the other alternatives, however, should always be considered.

Drug Manufacturing, Sale and Possession for Sale

Mr. Duree has handled a steady flow of “commercial” or “trafficking” cases since he started in private practice in 1981. He has handled small quantity case as well as multi-million dollar, and multi-ton cases. Frequently the first area of focus is the legality of the police conduct. Unfortunately, Fourth Amendment jurisprudence pertaining to police searches has been on a “pro-police/anti-privacy” path for the last two decades. The United States Supreme Court and lower appellate courts have been in a foot race to reduce the privacy rights of citizens and prop up the powers of police. Elected trial courts see the politics as always pointing in favor of supporting police conduct, even when constitutionally questionable. The reality today is that Fourth Amendment litigation for citizens charged with criminal conduct is an uphill battle. While it is certainly not impossible to prevail on Fourth Amendment grounds – and we always explore this direction thoroughly – it is sometimes more productive to use Fourth Amendment issues as leverage in negotiations than to litigate.

We frequently focus our investigative efforts in drug trafficking cases on mitigation, seeking to combat the prosecutors’ dehumanizing characterizations of “drug dealers.” Of course, each case requires and deserves to be evaluated and handled in the manner most beneficial to the client. Whether to litigate or negotiate is a central question, and is a decision always left to the client, in full consultation with our office.