Drug Charges

Whether you’re charged with  simple possession of a controlled substance or large-scale drug trafficking our, attorneys have years of experience. We can help you fight the charges, and, if necessary, work with you on an effective drug treatment program.

Our  attorneys know how to review, scrutinize, and challenge the complaint and all charges for police mistakes, misconduct, and false allegations. Moreover, we know how to exploit problems in the prosecution’s case to your advantage.

In many cases, we can bring motions to suppress evidence,  identification, or even challenge the police for improper actions. These motions if granted, may lead to the whole case being thrown out of court.

 

We handle the following charges:

California Drugs Laws

Health & Safety Code 11350 HS

“Possession of a Controlled Substance”

Health & Safety Code 11350 makes it a felony to possess narcotics such as cocaine, crack, heroin, ecstasy, ketamine, GHB and even prescription drugs such as Vicodin or Codeine (if they’re not lawfully prescribed). A person convicted of “possession of a controlled substance” faces up to three years California state prison. But most people accused of this crime are eligible for Proposition 36 or PC 1000 drug diversion.

Health & Safety Code 11351 HS

“Possession for Sale of Narcotics”

Health & Safety Code 11351 makes it a felony to possess illegal drugs for the purpose of selling them. This crime is more serious than simple possession, and does not qualify for Proposition 36 or PC 1000 drug diversion.

In assessing whether a suspect possessed narcotics for the purpose of sales, cops and prosecutors will look to the quantity of the drugs, packaging in numerous separate baggies or bindles, scales, and weapons and/or large sums of cash. But unfortunately many innocent people get accused of HS 11351 when, in fact, they only possessed the drugs for personal use.

Moreover, cops often use faulty information, unreliable police informants and even outright lies to obtain California search warrants. If our drug crimes defense lawyers can show that a search warrant was improperly obtained, most likely we can get the evidence suppressed and the entire case dismissed.

Health & Safety Code 11352 HS

“Sale or Transportation of a Controlled Substance”

Health & Safety Code 11352 makes it a felony to sell, furnish, administer, give away, transport or import into California an illegal narcotic. Many of the HS 11352 cases arise out of undercover sting operations in which a decoy officer engages in a “controlled buy.” Sometimes these stings run afoul of California entrapment laws and should be dismissed for that reason.

In some cases, officers claim to have witnessed a drug deal from an observation post or a disguised location. But in reality, many suspects arrested for “selling drugs” were really just the buyers, or were not even involved in a drug deal at all.

Health & Safety Code 11364

“Possession of Drug Paraphernalia”

Health & Safety Code 11364 makes it a misdemeanor to possess “an opium pipe or any device, contrivance, instrument, or paraphernalia used for unlawfully injecting or smoking a controlled substance.” This includes hypodermic needles, pipes, bongs and cocaine spoons.

A conviction for 11364 HS carries up to six months in the county jail. But this offense usually qualifies for a diversion program under Prop 36 or PC 1000. Moreover, these devices are often confiscated through an improper police search and seizure…in which case we may be able to get the whole case dismissed by way of a motion to suppress.

Health & Safety Code 11377 HS

“Possession of Methamphetamine”

Health & Safety Code 11377 makes it a crime to possess methamphetamine (also known as meth, crystal meth or speed). This offense is a wobbler, which means prosecutors have the discretion to file it as a misdemeanor or a felony.

The district attorney usually decides this based on (1) the amount of methamphetamine involved, and (2) the person’s criminal history. A person accused of HS 11377 typically qualifies for Proposition 36 or PC 1000 drug diversion.

Health & Safety Code 11379.6 HS

“Manufacturing Drugs & Narcotics”

Health & Safety Code 11379.6 HS makes it a felony to manufacture, produce, compound or process a controlled substance. Common examples include Methamphetamine labs, compressing marijuana resin into hashish. To be liable for this offense, the person must actually have begun the process of making the illegal drug, rather than merely gathering supplies and preparing to do so.

A conviction for HS 11379.6 carries the harshest sentencing of any California drug law, up to 7 years in state prison. The sentence can increase substantially if large volumes are involved, children are near the processing location, or someone is injured or killed in the process.

Health & Safety Code 11550 HS

“Under the Influence of a Controlled Substance”

Health & Safety Code 11550 makes it a misdemeanor crime to “use” or “be under the influence of” a controlled substance. This includes illicit narcotics such as heroin, cocaine, methamphetamine, ecstasy and GHB. It can also include prescription drugs such as xanax or valium, if the person does not have a valid prescription.

A conviction for HS 11550 carries a mandatory minimum penalty / sentencing of 90 days in county jail. But most people charged with the offense do qualify for Proposition 36 or drug diversion under PC 1000.

California DUI /DUID

California Vehicle Code 23152(a) prohibits driving under the influence of alcohol or drugs. The police can arrest you for driving under the influence of drugs, even lawfully prescribed ones, if the drug has impaired your ability to operate a motor vehicle safely. However, many people get wrongfully accused of this crime and it may be possible to get the charges reduced or dismissed. Our attorneys can help you with any type of DUI of drugs case, including DUI of Marijuana, DUI of Vicodin and DUI of Ambien or Lunesta.

California Marijuana Laws

California marijuana law still makes it a crime to cultivate, sell, possess or use the substance. Proposition 215 provides limited exceptions. The penalties for possession of a small quantity of marijuana are light, and often merely entail a small fine. But cultivation, sale or transportation of marijuana are serious felonies in California, and can land a person in state prison.