Monder Law Group - News
The Fentanyl Epidemic
What was once used to simply combat pain management treatment for cancer patients has now, more than ever, become one of the leading causes of overdose in the nation. As of 2015, fentanyl, a powerful opioid, exceeded prescription opioids in the most lethal overdose substance by almost triple in numbers. With 32,000 cases of overdose linked to fentanyl compared to roughly 13,000 overdoses of drugs such as heroin, prescription opioids, cocaine, and methamphetamines. Fentanyl binds to the body’s opioid receptors, which increases the body’s dopamine levels to induce pain relief and relaxation.
What Is The Problem?
While many people think the problem resides with the obvious candidates, such as drug cartels or China, who the US blames as the primary source of fentanyl, recurring and current users of the drug blame the United State’s health care system for the tens of thousands of deaths across the nation: specifically, the health care’s over-prescription of the substance making users feel as though they are, “Setup to fail.” Not only do users say this to be true, but also academics who are researching the problem agree as well. Some professors connect this epidemic to, “Classic, primitive corruption” as they go on to say how United States drug companies downplay the addictive nature of the drug, causing the crisis to be as big as it is.
Side Effects Of Fentanyl?
Older users are more subject to adverse side effects, on top of overdose, due to their weakened immune system in comparison to a younger user. Some side effects are, but not limited to, constricted pupils, nausea, weakness, rigid muscles, tight feeling in the throat, drowsiness. Individuals in a state of withdrawal, usually beginning within 12 hours of the last dose, can expect to experience vomiting, diarrhea, insomnia, generalized pain, hot and cold flashes, and extreme anxiety. While all of these symptoms are unpleasant, it is important to note the signs of an overdose, which may include slow breathing, clammy skin, difficulty walking and talking, dizziness, and the individual being unresponsive.
Penalties Associated With fentanyl?
Listed as a Schedule II drug, fentanyl is characterized by having the potential for high abuse, while also leading to high physical and psychological dependence. The DEA lists federal trafficking penalties for 99 grams and less or for 100 grams or more in a mixture. First time offenders can be sure to face a minimum of 5 years and a maximum of 40 years; however, if a serious injury or death is linked to the case, an individual is subject to no less than 20 years in prison. Second time offenders will receive no less than 10 years in prison, while a linked death or serious injury to the case can cause the individual to face life in prison. If an individual is charged with more than 100 grams of fentanyl, the first offense will receive a minimum of 10 years, while the second offence sentence will be no less than 20 years.
Drug conviction Affecting Your Opportunities In The Future?
Not only are the potential punishments with being convicted of a fentanyl related crime serious, but also the consequences following incarceration. A study in 2017, by the National Association of Professional Background Screeners, estimated that across the nation, approximately 96% of employers conduct—at minimum—one background check. Because of this it may be nearly impossible to attain a job given one’s drug conviction. On top of employers, academic institutions inquire about one’s criminal background as a standard procedure before admittance to an institution, which could easily jeopardize a youth’s academic future.
Possible Defenses?
Despite the serious punishments associated with fentanyl convictions, not every case results in a conviction. These drug cases, for the most part, begin with an officer searching anything from one’s home, car, or person and finding them to be in possession of contraband. It is possible through this search that the officer breaks one’s Fourth Amendment right in regards to unlawful searches and seizures. If this is the case, an attorney can potentially prohibit any unlawfully obtained evidence from influencing a court decision. As an effect of this, cases are commonly dropped in their entirety because the prosecution does not have the drug evidence.
Is Drug Court An Option?
Drug courts are a potential alternative for those facing time behind bars, as they offer a rehabilitative environment where the subject is able to overcome their addiction and establish new lifestyle habits to better themselves, ultimately, in hopes that they don’t relapse and return to substance abuse. Most courts in California follow the post-adjudication model and, after meeting eligibility requirements, subjects plead guilty to their charges while their sentences are deferred or suspended during their participation in the drug court program. If participants successfully complete their program, the charges faced against them can be expunged or dismissed. With preventing relapses by as high as 40% among participants, drug court is a very viable option in order to help combat someone’s addiction.
Call Monder Law For The Best Criminal Defense In San Diego
When faced with the severe punishments of drug charges, and specifically those related to fentanyl, it is in your best interest to hire a criminal defense attorney. You can’t hire any criminal defense attorney, but one who has who has helped thousands of people get the best possible outcome and even dismissed drug cases in their entirety. Call San Diego criminal defense attorney Vik Monder to help you through the legal process as he’ll get the job done and surpass your expectations. We know the magnitude of severity in regards to any drug case, which is why we know the importance of representation in the courtroom. Not only will we go through each and every aspect to your specific case, but we will assemble the best strategy to attack your case, and prevent you from suffering the severe consequences. If you need the best possible criminal defense attorney, contact us today!
Contact San Diego Assault Criminal Defense Attorney Vik Monder for a FREE Consultation Today At: 619-405-0063