California Drug Crimes
Expert defense for anyone charged with sale, possession, transportation, trafficking, or manufacturing drugs.
Our California drug crimes defense attorneys represent anyone accused of narcotics and drug charges throughout the state, including Los Angeles, the Inland Empire, and Orange County.
Whether you’re charged with simple possession or as a major narcotics trafficker, our narcotics attorneys draw on years of experience. We will fight the charges and can obtain effective drug addiction treatment if necessary.
Identifying where the cops went wrong
Narcotics officers frequently make these mistakes:
Disregard the rules of search and seizure in California
Depend on bogus “confidential police informants”
Entrap suspects by “setting them up” in violation of California entrapment laws
Leave out facts when requesting search warrants from judges to sidestep California laws
Lie in police reports
arrest people without any evidence that the drugs actually belonged them
Our California drugs crimes lawyers know how to find police misconduct or mistakes. We also know how to use those mistakes to your advantage.
We can often ask the court to not allow certain evidence at trial. If the court grants our request, it often leads the judge to throw out the whole case too.
The most common types of cases we handle include:
Health & Safety Code 11350 says it is a misdemeanor to possess drugs such as crack, cocaine, heroin, ketamine, ecstasy, GHB(marijuana) and also prescription drugs that are not lawfully prescribed to you such as Codeine and Vicodin. If convicted of “possession of a controlled substance” you could be punished by up to 3 years California state prison. However, you may be eligible for PC 1000 drug diversion or alternatives found in Proposition 36.
Also note that Proposition 47 which passed in November 2014 made changes to HS 11350. This crime is now a misdemeanor instead of a felony. Most people previously convicted of a felony for possession of a controlled substance may now be eligible for re-sentencing for a misdemeanor under Prop 47.
To determine if a suspect possessed drugs for the purpose of sales, district attorneys and police will take into account several factors. These include the quantity of the narcotics, how they are packaged (having several separate baggies can suggest intent to sell), and if there are scales, empty baggies, weapons, or “large sums” of cash present. As a result, innocent people only possessing narcotics for personal use can be accused of HS 11351.
Police often rely on bad information, poor informants or even plain lies to get a California search warrant. If our drug crimes defense lawyers succeed in proving that your search warrant was obtained inappropriately, we can ask the court to thrown out the evidence and dismiss the entire case.
Health & Safety Code 11352 says selling, furnishing, administering, giving away, transporting or importing into California an illegal drug is a felony. Many HS 11352 cases start with an undercover sting operation where a decoy cop tries to buy narcotics. California entrapment laws are designed to protect the public from improper sting operations. If a sting violates entrapment laws then evidence gathered that way can be thrown out for that reason.
Sometimes cops report to have witnessed a drug deal from a surveillance location. This can lead to arrest for “selling drugs” when the person was really just a buyer or a bystander.
Health & Safety Code 11364 says possession of “an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance,” is a misdemeanor. This includes needles, bongs, pipes, and coke spoons.
The punishment following a conviction for 11364 HS is up to 6 months in county jail. However, convictions for this offense can qualifies for a PC 1000 diversion program or Prop 36 alternatives. However, police often find these devices through an illegal search and seizure. If that is the case, our attorneys can ask the court to dismiss the entire case.
Health & Safety Code 11379.6 HS says manufacturing, processing, or producing controlled substances is a felony. Examples in California include running a meth lab or turning marijuana resin into hashish. To be charged with this offense you must have begun the actual process of producing the illegal narcotic. Merely gathering supplies and preparing to make drugs does not satisfy all of the elements to be liable for this offense.
Convictions for HS 11379.6 qualify for very harsh jail terms in California. The punishment is up to 7 years in state prison and increases considerably if it involves large amounts of drugs, if someone is killed or injured in the process, or if children are present near the manufacturing location.
California Vehicle Code 23152(a) says driving under the influence of alcohol OR drugs is illegal. If your driving skills have been influenced, you can be arrested for driving under the influence of drugs, whether properly prescribed to you or not. This charge can be defended against in similar ways to a charge of being under the influence of alcohol. Our attorneys can fight any type of drug DUI case, including DUI involving Marijuana, Ambien, Vicodin, or Lunesta.
The medical and other benefits of marijuana are confirmed and it is a harmless substance. Unfortunately, California marijuana law maintains that it is criminal to grow, possess, sell, or use marijuana. Passage of Proposition 215 only introduced some exceptions. The punishment for possession of small amounts of marijuana is light, usually a small fine. But growing, selling, or transporting marijuana in California is a serious felony which can lead to time in state prison.
Our attorneys have enjoyed considerable success reducing or dismissing marijuana law offenses. Often, they can even get confiscated marijuana returned to the client if it was unlawfully confiscated.
If you or a loved one is facing charges of a drug crime, we urge you to consult with one of our California drug crimes defense lawyers. We can fight to get the charges dismissed or reduced, and to avoid or minimize jail time.