A Staten Island, New York, man has been sentenced to prison after pleading guilty to drug charges. Eugene Gilmore, who is 33 years old, was arrested just over two years ago after local law enforcement officers spotted him speeding down a highway near Allamuchy Township in New Jersey. Upon approaching Gilmore’s vehicle, officers smelled burned marijuana in the car and a quick search turned up over an ounce of crack cocaine in the trunk of his car in addition to marijuana and packaging materials. Officers at the scene also found Gilmore’s pants pockets stuffed with cash and seized a total of $2,174 during his arrest. Gilmore had pleaded guilty to charges of possession of crack with the intent to distribute in a New Jersey court and was sentenced to nine years in prison at his sentencing hearing just this week. With sentencing guidelines in New Jersey, Gilmore could have been sentenced to as much as 20 years in prison for his guilty plea, but was instead given nine years. The 33-year-old must serve at least three years of his nine-year sentence before he will be eligible for parole. Gilmore had previously been arrested and convicted on felony drug charges in Staten Island in 2007 and had been sentenced to two years in a state prison as a result. He was released on parole in March of 2008. An experienced criminal defense attorney knows that there are many possible outcomes to a drug charge. Every case is different and can be resolved in a number of different ways depending on a number of factors, including the defendant’s prior criminal history, the type of drugs involved and even the skill of the defendant’s attorney. In a worst-case scenario, a prior history of drug arrests or convictions, or overwhelming evidence of guilt, leads to a prison sentence of several years. An experienced attorney, however, knows that for people with multiple drug arrests, drug diversion programs might be a viable alternative to jail or prison time. In drug diversion, or deferred entry of judgmen cases, a defendant who has a history of drug abuse (but not necessarily convictions for selling drugs), is given the opportunity to undergo substance abuse rehabilitation instead of simply being punished for their drug problem. This can, of course, be extremely helpful for a person struggling with addiction. Deferment programs are not typically options, however, for people accused of manufacturing or selling drugs, especially more serious drugs such as crack or heroin. In these cases, your attorney may instead look for instances of police impropriety or illegal search or seizure, which may lead to certain pieces of evidence not being admissible during a trial. In such cases charges against you could be reduced or even dismissed.
Tagged as: drug addiction and treatment, drug crimes defense
No one gets more offended by hypocritical prosecutors than Los Angeles Criminal Defense Attorneys, but quite often the general public is shocked and appalled when District Attorneys commit the very crimes they put people behind bars for. When a prosecutor is found picking up a prostitute, committing a violent crime or acting in some other illegal manner, it completely undermines the criminal justice system. There is a trust that people who work for the government are not committing the crimes they are entrusted by the people to prosecute.
Recently however, the District Attorney who prosecuted Paris Hilton and Bruno Mars in Las Vegas was scoring cocaine three to four times a week; and now, he has been locked out of his office and is about to get fired. He was busted Saturday night after going to a notorious area of Vegas for scoring drugs. He was stopped by cops when they observed a man getting inside his car. He was initially pulled over for a traffic violation. The passenger got out and ran when cops swarmed. According to the passenger, the district attorney, would come around three to four times a week and buy forty dollars worth of cocaine at a time. The prosecutor's name is David Schubert. According to the reports, the district attorney was buying cocaine while he was prosecuting both Paris Hilton and Bruno Mars for simlar drug offenses. The head of the Las Vegas District Attorney's office said "We are very disappointed. He has betrayed the trust that was placed in him. He's been locked out of his office, placed on suspension and is in the process fo being terminated."
When a Defense Attorney defends someone charged with a drug offense, he usually has to battle an aggressive prosecuting attorney. Whether in Las Vegas or Los Angeles, the arguments are complicated and intense. For a prosecutor who has been "fighting crimes" to be caught in such a complex web of deceit is shameful. When a judge, politician or public prosecutor is arrested, the public loses faith and each of the guilty verdicts become suspect.
If you or someone you love has been arrested for a drug offense, you should contact Kestenbaum Eisner & Gorin, LLP. Our phone number is 877-781-1570. With over 50 years of combined experience, our lawyer can provide the in depth, knowledgeable legal experience you need to get the best defense possible. Call us today.
Tagged as: drug addiction and treatment
An LA criminal lawyer in any drug case will have to analyze various aspects of the arrest in order to make sure the police obeyed their protocol. For example, if the police do not read you Miranda Rights, if they do not tell you what you are being arrested for, if they use excessive force, if they do not allow you to call your attorney or any other act of negligence, your arrest may be null and void. However, only a skilled and experienced defense lawyer will possess the proper amount of knowledge to be able to give you the kind of legal advice necessary to spot such mistakes.
Mitch Mustain was arrested by police in Van Nuys and held on a felony narcotics charge according to the Los Angeles Police Department. Bail was set at $30,000, and he spent some time behind bars before finally being released. Mustain is 22 and was preparing for the upcoming NFL Draft on campus. He's only started one game at USC after being a standout at Arkansas and a highly recruited player out of high school. Specifically, Mustain was arrested on suspicion of selling prescription drugs in the San Fernando Valley. Such a charge could spell doom for the young quarterback, as NFL teams are often fearful of drafting a young prospect who has any history of legal troubles, especially if the player's upside talent is not significant. Some college players cost themselves millions of dollars by being arrested, because their draft stock fell. Players have been drafted in different rounds due to arrests, and some have cost themselves ten or fifteen million dollars just by dropping from the fifth spot to the fifteenth. These sorts of problems require a Attorney who understands the law and who can help.
If you or someone you love has been arrested for drug offenses, contact Kestenbaum Eisner & Gorin. We can help any young person facing drug charges to keep their future intact. We have helped people avoid jail, stay free from fines and stay off probation. We utilize the best experts in the fields of investigation and testimony and can help you build the best defense possible.
Tagged as: drug addiction and treatment
Any experienced Los Angeles Drug Defense Attorney has seen his fair share of crazy situations, harmful scenarios and dangerous consequences. People who dabble in drugs are rarely thinking clearly, and are far more in need of rehabilitation than they are of incarceration. A quality Defense Attorney will fight tooth and nail to get his client into a quality drug rehab program and out of a prison which can only compound the problem. Prisons have as many, if not more, drug problems than the outside world, and anyone with any sort of drug issue can face an incredibly uphill climb. Prison's offer few if any distractions from drugs, making the temptation that much more serious and the consequences that much more severe.
A recent case of a mother using drugs is shocking people throughout the state of California. A woman in Northern California pleaded not guilty to killing her 6 week old baby by feeding him methamphetamine laced breast milk. Prosecuting attorneys in the case say the woman used Meth and passed it to her two kids while breast feeding. Detectives arrested Jean Wortman after a two month investigation found her son died due to methamphetamine toxicity. She is charged with involuntary manslaughter and two counts of felony child endangerment. Her other child, a 19 month old daughter, was placed in protective custody after she tested positive for Meth as well. The woman faces a maximum prison sentence of nine years if convicted on all counts.
In a case like this, the chances to get an extremely emotional jury or a terribly biased judge is extreme. However, a woman addicted to a drug such as meth is most likely not thinking clearly, and often needs help with her addiction more than she needs jail time. A skilled and experienced lawyer can provide the necessary care and concern for someone facing this traumatic situation. This woman not only lost her child, but had her other child taken away and could face years in prison if convicted.
If you or someone you love is facing serious consequences for drug offenses, contact Kestenbaum Eisner & Gorin, LLP by calling 877-781-1570.
Tagged as: drug addiction and treatment
The obvious and sad reality is that addiction often leads to criminal behavior including theft, drug sales, DUI, and other more serious violations. There are numerous drug programs in Southern California, in-patient and out-patient, available to treat drug and alcohol addiction. Often the Criminal Law Blog has used these programs as an alternative to jail or prison for clients in custody, as part of the Alternative Sentecing scheme available under California law which includes Deferred Entry of Judgement, Proposition 36, and Drug Diversion. While keeping clients out of jail is the Law Blog's main objective, we are also concerned about recidivism -- to prevent clients from relapsing and being rearrested. Accordingly, we counsel clients to take their rehabilitation seriously, and to be committed to change with a sponsor, a dedication to the 12-step lifestyle, and seeing a therapist on a regular basis. Finally, the following website provides a good introduction to addiction and treatment information http://web4health.info/
Tagged as: drug addiction and treatment, drug crimes defense, probation and sentencing laws
Proposition 215 was passed by the voters in California in 1996, commonly referred to as the Compassionate Use Act. That was followed 8 years later by Senate Bill 420, enacted in 2004. These two propositions have been codified in the California Penal Code section 11362.775 et seq. The federal government does not recognize this law, and thus sales of marijuana under the federal system are criminalized.
Unfortunately, the Los Angeles Police Department has decided not to enforce the laws of California, but to act as "de facto" DEA agents. It is this conflict between state and federal laws that leads to abuses of power by the local police.
In a recent case handled by the firm, a client had substantial monies and several ounces of marijuana ordered returned to him by the Court, after the D.A. dismissed the case in the middle of a preliminary hearing. The case had substantial problems of proof, as we had the recommending medical doctor ready to testify and the LAPD "expert on drug sales" was not familiar with the provisions of Medical Marijuana laws, packaging, or business operations. In sum, cross-examination of the police officers on the case demonstrated they knew very little about the law.
Tagged as: drug addiction and treatment, drug crimes defense, faq
Kestenbaum Eisner & Gorin LLP has been recognized as one of the best U.S. law firms, based on the experience, professionalism, and ethics of its criminal defense lawyers and attorneys. We aggressively defend clients in all Southern California courtrooms on state and federal charges, including DUI, DMV, misdemeanor, felony, juvenile cases, in the following communities and courthouses.