The former supervisor of Alameda County was arrested in Orange County after officers were tipped off regarding her location and alleged possession of drugs.
Orange County Trial Attorney Houman Fakhimi knows that drug addiction does not discriminate, and is at the root of a large number of criminal cases.
When our clients are battling the demons of addiction, usually the last thing they need is a stint in jail or prison, where they aren’t likely to receive treatment. Without that, they often go on to re-offend. This is why we aim to get clients help – rather than jail time.
In California, possession of a controlled substances falls under California Health & Safety Code 11350. The term “controlled substance” encompasses a wide range of drugs, including opiates, cocaine, heroin, marijuana (without a prescription), and methamphetamine. The law also prohibits a person from possessing certain types of narcotics without a prescription, such as hydrocodone or codeine.
Penalties for possession typically depend on the kind of drug and the amount, though it is usually a felony and you can face anywhere from probation to three years in prison.
This case involved 41-year-old Nadia Lockyer, a former high-ranking county official who held the office until April of this year. Her estranged husband is state Treasurer Bill Lockyer. Nadia was ousted from her position after she said she was sexually assaulted by a former boyfriend in a motel room. It was later revealed that the pair had met while she was receiving treatment for chemical dependency.
She resigned from her post, and her husband filed for divorce in July, and is seeking custody of their 9-year-old son. A few days later, Nadia was involved in a car accident in which she struck a tree and knocked down a light pole. Police chalked up the crash to driver inattention caused because she was talking on her cell phone. There was no indication, police said, that she was under the influence of either drugs or alcohol.
She and her son moved in with a relative in Orange County. Officers reportedly received a tip – though they won’t say from whom – that Nadia was using drugs at the home where the child was present. Officers said she displayed signs of being under the influence of methamphetamine. The officers then conducted a search, and located a drug pipe and aluminum foil smoking device.
She was charged with drug possession, child abuse and being under the influence.
It is highly possible that she could lose custody of her son as a result of this arrest, if she is convicted of the charges. Criminal defense attorneys in this case could examine the merits of the actual search and whether police had any right to enter the home. Alternately, given her lack of criminal record and evident need for addiction intervention, a diversion program might be an option.
One of those is known as the Deferred Entry of Judgment Program (formally called PC-1000). This is a program in which an individual may plead guilty to a drug possession charge, but then have the actual sentencing deferred until completion of the program. This typically results in a much lighter sentence. Participants must pay roughly $600 to participate in the five-month program, which involves a combination of group therapy sessions, Alcoholics Anonymous or Narcotics Anonymous meetings, as well as one-on-one therapy sessions.
Another program is a 10-week session that involves much of the same, although it’s shorter and a little less expensive.
The terms of the diversion program have to be approved by both the prosecutor and the judge, which means you need a skilled attorney fighting to ensure you get help – not a raw deal.
Contact Houman Fakhimi trial attorney at (714) 705-6701 as soon as possible if you are charged with a crime in Orange County.