Drug Crimes

February 9, 2024

Fentanyl Trafficking

If you have been charged with the distribution of fentanyl, you will be facing tougher penalties in the State of California this year. The change in the law was precipitated by the increase in fatalities related to fentanyl overdoses.

Fentanyl’s Use

A synthetic opioid, fentanyl has proved to be fatal even in small doses. Up to 100 times stronger than its cousin morphine, pharmaceutical fentanyl was originally developed as a way to help patients manage the pain of cancer. While it is sometimes sold by itself, it is also frequently used to lace other street drugs such as cocaine or heroin because it is much cheaper. Oxycodone has been co-opted, as well, with counterfeit pills containing the more powerful and dangerous fentanyl. These drugs are available on the streets of California and are extremely easy to get a hold of. Consequently, people wind up unwittingly ingesting the more dangerous drug, fentanyl.

February 17, 2023

U.S Supreme Court Intervention in Opioids Case

by David M. Boertje

When you are in pain, you want relief — period. For many, that means turning to opioids, and in some cases, patients ask for additional prescriptions down the road. And as we all know, sometimes people get addicted, and the outcomes are horrible. Prescribing doctors have been blamed for the opioid crisis for years now, but the U. S. Supreme Court recently found that it is time to reconsider where that blame is placed.

The Very Real Drug Crisis

The number of deaths related to drug overdoses has been rising steadily for decades, with well over 80,000 fatalities related to both prescription and illicit opioids in 2021, according to the National Center for Health Statistics (NCHS). Roughly eight in ten heroin users say they previously used prescription opioids, indicating that the first step to addiction often occurs with a prescription. The link between prescriptions and illegal drug use is palpable; heroin, which is similar chemically to prescription opioids, is simply cheaper and easier to obtain than prescriptions are in many cases. Undoubtedly, the misuse of opioid prescriptions—taking them in ways other than prescribed, taking the medications that were prescribed to someone else, or taking medications just to get high rather than for the intended purpose—is definitely one factor that leads to the use of heroin or other illicit drugs.

April 15, 2022

Understanding Prescription Drugs and Impaired Driving Laws in California

by David M. Boertje

By the third quarter of 2021, there were an estimated 284 million vehicles driving about throughout the United States with 228.2 million licensed drivers. The United States has some of the highest levels of road traffic when compared to other similar developed nations. In terms of states, California has the most licensed drivers. Because of this heavy road traffic, the US also reports more frequent vehicular accidents than its counterparts.

There are many ways a car accident can happen, but speeding, driving under the influence, and distracted driving are some of the most common causes reported. A common misconception is that illegal drunk driving incidents only happen when a driver has alcohol in their system. While driving with a blood alcohol concentration of 0.08% or more is illegal and a frequent occurrence, there are other situations that also constitute driving under the influence.

Can You be Arrested for Driving With Prescription Drugs in Your System?

California drunk driving laws indicate that driving with more than a certain level of alcohol in the system is unlawful, but so is driving with drugs in the system. This is true for illicit substances, over-the-counter medicines, and those that come from a valid prescription.

If the drug or medication you are taking has impairing side effects, even if you only feel the symptoms are minimal, you should avoid driving until the drug is out of your system. If law enforcement pulls you over because they believe that you are driving unsafely or erratically, consistent with someone who is under the influence, they could arrest you if they find you ingested certain medicines.

For example, for nighttime cold medicine, the warning label will often indicate drowsiness is a side effect. Drowsy driving is incredibly dangerous; there are many issues a drowsy driver has operating their automobile that drunk drivers also have. Slower reaction time, inability to stay focused, and struggling to stay awake are just a few.

Another example is if you suffer from chronic pain, your doctor may have provided you with a prescription for narcotics to manage that pain. It is legal to take narcotics that were prescribed to you. But, if the narcotics cause you to feel dizzy, sleepy, affect your vision, or cause other side effects, you are putting both yourself and others in danger of injury or death when you get behind the wheel.

If you have a prescription or over-the-counter drug in your system and you cause a crash or are arrested, the fact that the medicines you took were legal will not be a valid defense to a driving under the influence of a drug charge.

There are some aspects of your arrest that you may be able to use in your defense, however. A San Diego DUI defense attorney will know what aspects of your case can be challenged to give you the best chances of overcoming your charges. Continue reading

August 20, 2021

Is Jail Effective at Preventing Crime and Drug Addiction?

by David M. Boertje

When jail should be used as a sentence, how severe it should be, and who it benefits are questions that have been discussed widely in recent years. There are some crimes to which many people would agree jail time is an appropriate response, such as homicide. However, for other crimes, there are different sides in staunch opposition regarding the use of jail time as a penalty. Drug use is one of the crimes that many believe is not remedied with jail time. Individuals addicted to drugs are said to have a disease, and so jailing them for a disease is not fair or effective.

David M. Boertje is a San Diego drug crime defense attorney who can thoroughly investigate your criminal case and develop a decisive strategy for your defense. Specifically, if you have a drug addiction and were arrested because of your condition, there may be alternative programs and options available to avoid jail time and get the help you need to beat your dependency issues.

How Does Jail Time Affect Crime and Drug Use?

With the exception of marijuana in recent years, there are many illegal substances that will result in an arrest if an officer finds them on you. For drug abusers, it may be unavoidable to stay out of prison because of the addiction they suffer. Several experts have labeled addiction a medical condition that can be treated. Medical experts agree that jail time is not an appropriate remedy for someone suffering from a disease of the brain, a.k.a. drug addiction.

What jail time does for drug addicts is potentially keep them away from certain drugs for the period of time they are behind bars. But jail is not a therapeutic experience that gets to the bottom of their condition. It is also true that jail may not even keep users away from drugs because illegal substances are routinely found circulating around prison populations. According to the National Institute on Drug Abuse, if substance abuse is not treated, the result is going to be negative social consequences. For the state of California, one study showed that when treatment was provided to drug offenders, crime in various communities actually went down.

Certainly, jail can be a scary place for some individuals who make mistakes and get sentenced to time behind bars. The time spent in jail could be enough for some to refrain from engaging in illegal activities again. But for a great many of the jailed population, the criminal history that they have makes it difficult to rejoin life as a productive member of society. Without other options, formerly incarcerated individuals often fall back into the same old habits of breaking the law. Furthermore, addicts who are not given proper treatment opportunities never have their disease addressed. These individuals will likely continue to use drugs. Continue reading

July 16, 2021

What Makes Growing Marijuana in California Illegal?

by David M. Boertje

If you are over the age of 21 in the state of California you are allowed to have marijuana on your person and use it for recreation. This is true, as long as the amount you have does not exceed 28.5 grams. Thanks to Prop 64, in addition to being able to recreationally possess and use marijuana a person of lawful age can also grow the plant. Just like the way that the amount of marijuana you can have has its limits, so do the number of plants that you grow.

If you have an illegal amount of marijuana on you or if you have too many plants, you can be arrested and charged with a California drug crime. As a defendant facing criminal charges in California, you have to be prepared to go up against an aggressive and ruthless prosecution that will be making every argument that they can to slap you with the most severe penalties. The best way to protect yourself and your rights is to have the most talented and proficient legal defense on your side supporting you.

When Can You be Arrested for Growing Marijuana in California?

January 15, 2021

How Legal Substances Can Lead to a California DUI Charge

by David M. Boertje

Driving while impaired is illegal even if you are being impaired by a legal substance. Those who are 21 years of age and older are legally able to consume alcohol, but if a drunk person gets behind the wheel and an officer suspects that driver to be intoxicated, the officer will pull the driver over. If it is determined that the individual is driving with a blood alcohol concentration that is over the legal limit, which is .08% or higher, the driver will be arrested.

If you have been arrested for driving under the influence of any impairing substance, legal or not, you will face charges. California DUI charges are serious, and it is important to protect your legal rights and freedoms by working with an experienced California criminal defense attorney. When you work with a California DUI attorney, you have the best chances of putting forth a strong and persuasive defense.

The Impact of a California DUI Charge

If you have consumed marijuana, which is now legal in the state of California, you can face a drugged driving charge for operating your vehicle while impaired. Even prescription medications and over-the-counter medications that cause side effects not compatible with safe driving can lead to criminal charges in California if their use leads to impaired driving. For example, if you are taking a prescription painkiller or an allergy medication that makes you feel sleepy, and you are driving erratically as a result, you may find yourself in a lot of legal trouble. You could be charged just as if you were driving with an illegal substance in your system.

There are several negative life implications that can result from a California DUI charge. If you are convicted of this crime, there are expensive fines you will be required to pay, in addition to paying for your court costs.

If you caused an accident as a result of driving in an unsafe physical condition, any damages that you caused to another party will be your responsibility. If you need to use your car insurance to pay for those damages, your premiums may increase sharply. Additionally, you could also be responsible for medical costs from injuries that you caused another party. A victim may bring a civil suit against you for additional financial compensation and depending on the nature of your accident you may even have punitive costs put on top of those extra losses that victim suffered.

Paying money to victims and to the court is not the only penalty you may face. Your record will reflect a DUI conviction which could limit your opportunities at gainful employment or acceptance to learning institutions. You also may have difficulty securing loans or renting a space to live. Continue reading

October 2, 2020

Seven Dead in Illegal Aguanga Marijuana Processing Operation

by David M. Boertje

Over 20 people lived on a property in rural southern California in the town of Aguanga, and were involved in an illegal marijuana operation. The residents of the property lived in makeshift dwellings and had a nursery. According to Riverside County Sheriff Chad Bianco, marijuana was processed into a very strong concentrate on the property. A shootout there over the Labor Day holiday ended with seven people dead.

The Riverside County sheriff’s deputies received a call about an assault with a deadly weapon in an Aguanga home. When the authorities arrived on the scene, they found six dead bodies and one woman whom they transported to the hospital where she later died. Every one of the victims was identified as being a Laotian. Sheriff Bianco said that the operation was not small, and it could have been linked to organized crime.

The town of Aguanga, located north of San Diego, is very small with only about 2,000 residents. Despite the state of California legalizing recreational marijuana in 2018, consumers have a desire to pinch pennies and avoid the pricey taxes associated with legal marijuana. In doing so, they still turn to the illegal market. However, this shooting incident and the massive amount of dead bodies that it left behind is evidence that there is violence in California in relation to the illegal manufacturing of marijuana.

Authorities seized over 1,000 pounds of marijuana along with hundreds of marijuana plants. No suspects were named and no arrests were made. The Aguanga sheriff’s department told residents that it was an isolated incident and not a threat to the community. Ronald McKay, the owner of the property, said that he was unaware that there was any shooting event that took place at his rentals, mobile home, and house. According to McKay, he attempted to check the well on the property on Monday but a deputy would not let him enter or tell him what happened. He also said he never heard the word of the incident from authorities even though he gave them his phone number. McKay said that the property is managed by an employee so he did not know the individuals who lived there, but he never knew of any incidents to date.

Aguanga’s vast open land has vineyards and horse ranches scattered about. Some southern California residents enjoy weekend getaways to the small town. However, the area is rife with illegal marijuana processing operations. In February there were close to 10,000 plants seized and 411 pounds of marijuana along with firearms taken from the town by deputies. Four arrests were made. One local real estate broker says that some of his clients are pot growers and they live in his gated community.

Because the area is so isolated, it is a prime spot for illegal marijuana activities. Adam Spiker, who is the executive director of the Southern California Coalition says the illegal market for marijuana manufacturing is not well checked.

September 4, 2020

Professional Skateboarder Sentenced for Drug Trafficking

by David M. Boertje

The professional skateboarder, Robert Lorifice, was sentenced to five years on supervised release and one year on house arrest after his connection to the federal drug trafficking case. Jude Dana M. Sabraw sentenced Lorifice on August 7. In addition to his sentence, he must pay $2,000 in fines.

In 2019 Lorifice pleaded guilty for his intent to distribute the methamphetamine and heroin he had in his possession. Alongside Lorifice was Elizabeth Landis, who also pleaded guilty to the same charges. Landis was a former girlfriend of the professional skateboarder. The charges came about after a raid took place at Lorifice’s home. Authorities found the drugs as well as over 800 Xanax pills. Lorifice admitted that he and his former girlfriend organized drug deals and that they sold drugs for money.

Lorifice and Landis said that they attempted to get rid of the drugs in the house by flushing them down the toilet and in a sink in the master bedroom. When the authorities entered the home, they found the pair trying to flush the drugs away. Deputies found drugs next to the toilet and in the sink. They also found Xanax pills, heroin, and meth in a closet. There was money and a passport located in a safe that was in another closet. Throughout the bedroom were plastic baggies, various pills, marijuana, mushrooms, packing materials, and a digital scale. Altogether, there were 231.6 grams of heroin, 193 grams of meth, 196 grams of marijuana, as well as over $16,000 taken from the home.

Even Professional Athletes Fall on Hard Times

As a native of Encinitas, Robert Lorifice was interested in skateboarding at a young age. Since he was 6, he would go to the Magdalena Ecke YMCA skatepark and practice his craft. He admired other professional skateboarders like Tony Hawk and Andy MacDonald, who were also local to the area and would skate at the park. By the age of 16, Lorifice was good enough to turn pro. He steadily worked his way up the ranks of professional vert skating. When he was just 22, he won four X Games medals for vert and MegaRamp.

June 26, 2020

Authorities Crack Down on Illegal Dispensaries in Chula Vista

by David M. Boertje

At least $10 million in products, close to $100,000 in cash, and five guns were all confiscated by police as a result of raids on illegal marijuana dispensaries in Chula Vista. The police also arrested 15 individuals who were working the illegal operations in addition to one customer. Police Lt. Dan Peak said that the arrests led to six felony and 10 misdemeanor charges.

Residents in the area complained about the illegal operations that were largely located near elementary schools. In 2018, Chula Vista legalized dispensaries but have not issued permits leading to legal cannabis operations. Since 2014, there have been over 50 dispensaries shut down by authorities. Dispensaries that are shut down will often simply reopen after a period of time or relocate their operations, making the initiative to close these businesses down very difficult.

Not only are operations illegal, police argue that they are unsafe for the public. Modifications done to buildings are not approved or inspected and could be a fire hazard or otherwise trap people in an emergency situation. The increase in pressure for recent enforcement measures has upped the ante from civil proceedings to criminal charges. April alone saw six criminal complaints filed. The local police and the City Attorney’s Office with the San Diego County District Attorney’s Office will not back down. These officials plan to continue moving forward with criminal enforcement on those locations which are illegally selling marijuana. The police indicated that at any given time, there are numerous illegally-operating dispensaries.

Marijuana Laws in California

Individuals aged 21 years or older are permitted to have a maximum of 28.5 grams of marijuana in their possession or up to eight grams of concentrated cannabis. Consuming marijuana must be done on private property. If you rent an apartment and the landlord has not given consent for smoking, you are not permitted to smoke. Also, any location where tobacco is prohibited, marijuana is also not allowed.

The cultivation of plants is legal. Individuals aged 21 years or older are allowed to grow up to six marijuana plants indoors or outdoors in areas where it is permitted through local regulations. To do business, both a state and local license are necessary. Without a license, selling marijuana is still a crime in the state of California. Licenses are issued by the Bureau of Marijuana Control. Also, selling to a minor is illegal and comes with felony charges.

Other laws say that driving with marijuana can garner you a fine of up to $100. Those who require medical marijuana can obtain it through non-profit medical marijuana dispensaries. Continue reading

June 13, 2019

No-Knock Raids in San Diego

by David M. Boertje

There are restrictions issued to law enforcement officers on when and how they can execute a California search warrant. Nonetheless, mistakes and errors can and do occur during the execution of warrants. Unless a search is authorized by you, incident to a lawful arrest, or some other exception provided by law, a valid search warrant must be obtained before the search is conducted. Any violation of these rules may result in a reduction in your criminal charges, dismissal of the evidence unlawfully obtained, and even dismissal of your criminal charges.

A search warrant allows the police to search you, your home, your car, and your place of business. The police can even search an area suspected of containing evidence of illegal activity so long as it is specified in the search warrant.

Storming into homes with guns, protective armor, lights, dogs, and law enforcement personnel, usually during the early dawn hours, catches everyone in the home off guard and leads to avoidable deaths, unnecessary injuries, and costly legal settlements with survivors.

In a December no-knock drug raid in Houston, two suspects were shot and killed and five police officers were injured. Even the family pet was shot in the crossfire. The pet survived, but both of his owners died. The results of the raid were so bad that the Houston Police Department no longer conducts no-knock raids during low-level criminal investigations of a nonviolent nature.

No-Knock Warrants

A no-knock warrant is issued by a judge and gives police permission to enter a property by force without prior notification to its occupants or requesting their permission. These types of warrants are often precipitated by a tip from an informant. The informant is the person who cooperates with the police and provides information about the people or companies under criminal investigation. The use of informants is common in criminal investigations, especially those involving illegal drug sales and distribution. So long as the informant’s information is reliable, it will satisfy a low threshold to support a finding of probable cause to issue the search warrant. The judge may inquire about the identity of the informant, examine past instances when the informant assisted law enforcement and the results of such cooperation. The police will also be called in to testify and corroborate the informant’s testimony. Continue reading