Assemblyman’s drug test undercuts charge of his cocaine use

Accusations of drug crimes are always serious matters, carrying the potential of lengthy prison terms, heavy fines and other exactions, including, centrally, the potential for character defamation that can bring about job loss, lowered social standing and other dire consequences.

A recently unfolding matter in California manifestly bears that latter point out and points strongly to the need of any person accused of drug activity to secure experienced and diligent legal counsel.

Roger Hernandez is a California Assemblyman who in late October was accused by his girlfriend of committing domestic violence acts against her. The woman filed an emergency protective order against Hernandez, saying that he caused her injury and that she is fearful of her safety “due to Hernandez using cocaine.”

The assemblyman took quick action to rebut that accusation of drug use by voluntarily taking a drug test to clear his name. His attorney said that Hernandez did so, and within hours of the accusation, “to put his constituents’ minds at ease.

The test was administered by one independent lab and analyzed by a second laboratory. The results were in within two days and came back negative for any cocaine use. In addition, the test indicated that the assemblyman had no trace of any amphetamines, marijuana, opiates or PCP in his system, with the testing lab stating that there was no indication of any such use within the prior 30 days.

The case serves as a cautionary tale and stark evidence that people do on occasion have to defend themselves against false accusations.

An experienced criminal defense attorney can help an accused person in such a situation respond vigorously and timely to false charges and take all necessary measures to clear his or her name.

Source: Los Angeles Times, “Assemblyman Hernandez passed a drug test, attorney says,” Nov. 2, 2012