California Drug Crimes Lawyer

Consult a qualified drug defense lawyer for drug charges to lessen the impact of your arrest

A drug-related charge can destroy your future in a number of ways. It can take your freedom, impact your career, and disrupt your financial stability. California has one of the strictest substance regulations in the US, so a California drug conviction can lead to extensive jail time, hefty fines, and even a permanent criminal record. The latter can be an obstacle when looking for employment, trying to buy or rent housing, or obtaining certain professional licenses.
Facing drug possession charges, drug trafficking allegations, or accusations of drug sales can be overwhelming. It’s like being hit with a wrecking ball and can lead to serious consequences, especially if you don’t know what to do next. That’s why knowing your rights and hiring a good drug crime lawyer is a must. Not only does it help you feel protected, but it is also the best way to reduce or even get rid of the charges against you.

Charged with a Drug Crime in California?

California drug crimes include a number of various offenses - from serious felonies to less severe misdemeanors. Here is what you need to know about what can trigger the case and the repercussions it may bring.

What is Considered a Drug Crime?

The main drug crime types involve possession, distribution, manufacturing, and transportation of controlled substances. These are the ones that can get you in trouble:

• Illegal Drugs: Cocaine, heroin, methamphetamine, LSD, ecstasy, etc.
• Prescription Drugs: Oxycodone, Adderall, Xanax, and Vicodin if you don’t have a prescription.
• Marijuana: Although it is legalized, possessing more than 28.5 grams of marijuana without proper authorization is still considered a crime.
• Drug paraphernalia: items like syringes or pipes can be used as a trigger for crime investigation. This is because they are commonly used for drug consumption.

While all of these can cause drug crime charges, their severity can vary. The main factors are the type of drug, its quantity, intent (personal use vs. distribution), and any prior convictions.

Possible Penalties for a Drug Conviction

Drug convictions are considered some of the most serious crimes in California. Here is what you can expect for being charged with one: 

• Jail or Prison Time: From a few months to a lifetime behind bars.
• Fines: From a few hundred dollars to over $10 million for federal-level drug trafficking and/or manufacturing.
• Loss of Professional Licenses: Healthcare, law, education, and other workers can lose their licenses without a chance to renew them.
• Deportation: Non-citizens may be removed from the US permanently
• Mandatory Drug Treatment Programs: Drug consumers can expect from 30 days to 2 years in rehab facilities.
• Permanent Criminal Record: Unless your charge is dismissed, it will show up during any criminal background check.

Don’t Face a Drug Charge Alone

Drug-related crimes are some of the toughest to withstand. Besides just the police and the prosecution, they may involve the DEA and other agencies. In addition to that, they may become complex, requiring meticulous attention to detail and knowledge of California drug law.This is where having an experienced drug crime lawyer can help. Without them, you are at the mercy of prosecutors. This can lead to maximum penalties, potentially affecting your whole life. At My Rights Law, we offer aggressive representation of each and every one of our clients in and out of the court.Contact us today at (909) 340-2000 to receive a free consultation and explore your options.

Why You Need a Drug Crime Defense Lawyer

If you are facing criminal charges, time is critical. Prosecutors work aggressively, so the defense needs to be even more relentless. Here is how a qualified drug crime attorney can assist:

• Challenge unlawful searches and seizures
• Dispute the evidence against you, including lab results
• Negotiate for reduced or dismissed charges
• Advocate for drug diversion programs instead of jail time
• Represent you in court with a strong legal defense

If you’re under investigation or have been arrested, contact a California drug crime lawyer immediately to protect your rights.

Common Drug Crimes We Defend Against

At My Rights Law, we have collected professionals with diverse experience in a number of different drug-related charges. Here are the most common ones our clients have successfully faced: 

Unlawful Drug Possession – Health & Safety Code §11350(a)

Possession of a controlled substance without a valid prescription is illegal in California.Drugs commonly involved in possession charges:

• Cocaine
• Heroin
• Methamphetamine
• Prescription drugs like Oxycodone, Xanax, and Adderall

Penalties:

• Misdemeanor: Up to one year in jail and a $1,000 fine
• Felony drug possession: Up to three years in prison

Possible Defense Strategies:

• Unlawful search and seizure – Did the police conduct an illegal search?
• Lack of knowledge – Were you aware the drugs were in your possession?
• Valid prescription – Can you prove legal use of the substance?

Possession with Intent to Sell – Health & Safety Code §11351

If law enforcement believes you intend to sell drugs, they will charge you under H&S Code §11351.Factors that may suggest an intent to sell:

• Large quantities of drugs
• Cash, baggies, scales, or multiple cell phones
• Text messages discussing sales

Penalties:

• Felony charge
• Two to four years in state prison
• Up to $20,000 in fines

A drug crime defense attorney can argue whether the drugs were for personal use. In addition to that, in many cases, there is no direct evidence of sales, making them harder to prosecute.

Drug Transportation – Health & Safety Code §11352

Moving controlled substances, even within state lines, is a serious felony and charge you under H&S Code §11352.Penalties for Drug Transportation:

• Felony drug charges
• Three to nine years in state prison
• Federal drug charges for interstate trafficking

A drug crimes lawyer can challenge whether you had intent to transport or whether law enforcement violated your rights.

Drug Manufacturing – Health & Safety Code §11379.6

Manufacturing illegal drugs such as methamphetamine, heroin, or ecstasy carries severe penalties.Penalties:

• Three to seven years in prison
• Up to $50,000 in fines

Some of the defense strategies include proving you had no knowledge of drug manufacturing or that evidence was obtained through illegal searches.

Under the Influence – Health & Safety Code §11550

Being under the influence of a controlled substance in public is a criminal offense.Penalties:

• Up to one year in jail
• Mandatory drug rehabilitation for repeat offenders

However, many such cases have aggravating circumstances, like whether or not you were driving (DUI), whether you harmed others, or caused public distress.

Possession of Marijuana – Health & Safety Code §11357

Although marijuana is legal in California, possessing more than 28.5 grams of concentrated cannabis can lead to criminal charges.Penalties:

• Misdemeanor charge
• Up to six months in jail
• Fines up to $500

A skilled attorney can help you mitigate cannabis charges, reducing them to minimal fines or rehab programs.

Penalties for Methamphetamine (H&S Code §11377(a))

Possessing methamphetamine can result in:

• Misdemeanor or felony charges
• Up to three years in prison
• Fines and probation

A drug possession lawyer can help reduce or dismiss charges by challenging the validity of evidence.

Know Your Legal Rights

Many alleged perpetrators do not know all of their rights, making them easier to detain and potentially frame for the crime they may not have committed. The first step in securing the best outcomes for yourself is to know what you can and should do.

Your Rights When Facing Drug Charges

During the arrest, many people mistakenly fully submit to the power of the officers or, contrarily, try to physically resist. Both are not advisable because they may make you easier to charge. Here is what you can and should do:

• Remain Silent - Do not answer police questions without a lawyer. Say that you refuse to speak without first contacting your legal representative.
• Demand Legal Defense - Charges can and should be fought. You have the right to challenge them with your attorney.
• Challenge Evidence - Illegal searches and improper handling of evidence can get charges dismissed.

What Are the Legal Strategies for Defending Drug Crimes?

While the case itself can feel overwhelming, a skilled California drug crime attorney can use different legal strategies to protect your rights. The right defense approach depends on the circumstances of the arrest, the type of drug offense, and the strength of the prosecution’s case. These are some of the most common and effective legal defense approaches:

Challenging the Legality of the Search and Arrest

Search and seizure laws are quite strict in terms of the necessary procedures under the Fourth Amendment. First and foremost, the police need either a valid warrant or probable cause to conduct a search. Without those, a search is considered illegal and, therefore, weak or even inadmissible in court. In addition to that, officers are required to state their laws to you, and their failure to do so can make their whole case weaker.

Providing a Lack of Intent to Sell or Distribute

As we have already mentioned, possessing narcotic substances with intent to distribute or sell is more severe than for personal use. Proving that you were not planning to sell the drugs to other people is one of the most effective defense strategies. It can potentially get you out of jail and reduce the charge to short rehab programs.

Seeking a Drug Diversion Program Instead of Jail Time

Depending on the case, first-time offenders may be eligible for drug treatment programs instead of jail time. Many jurors wish perpetrators to become a part of the community again instead of moving further the criminal line so rehab programs can be assigned. A lawyer can negotiate participation in a drug diversion program, which can lead to case dismissal upon completion.

Showing a Lack of Evidence

The prosecution must prove guilt beyond a reasonable doubt. If the evidence is weak, missing, or based on unreliable testimony, a criminal defense attorney can file a motion to dismiss. This can include a lack of physical evidence, unreliable witness testimony, weak drug testing, unlawful search, and others.

Act Now to Protect Your Future - Contact a California Drug Crime Attorney

Besides just the legal and financial consequences, an active or proven drug-related charge can affect your whole life. From limited career opportunities to reputational loss, your whole life can go downhill. Don’t let a drug-related felony or misdemeanor ruin your life - contact an attorney and protect your rights today.At My Rights Law, we make sure our team knows how to handle any drug-related charge. They have both the expertise and the experience needed to help you secure the best results and reduce or fully drop all the charges.Do not leave your life in the hands of the prosecution or hope it will sort itself out! If you or a loved one are accused of a drug-related crime, call us now at (909) 340-2000, and let us start building your defense strategy today!