Drug Offenses

Drug Possession, Sale, Manufacture, Trafficking, etc.

San Diego Defense Lawyers

Drug offenses are one of the most widely prosecuted crimes in both California and federal courts. The California criminal justice system is clogged with alleged drug offenders, and judges are trying to find ways to keep some, such as those caught for drug possession, out of the overcrowded jails.

With the help of an experienced attorney, people accused of drug possession can often get alternatives to jail, such as rehabilitation. Those arrested for more serious drug crimes can see their sentences minimized through skilled negotiation.

At San Diego Criminal Defense, our attorneys work hard in each drug case to get the best possible outcome. In a free confidential consultation, our lawyers can speak with you about your case and tell you what can be done. Contact us.

Types of Drug Charges

In California, there are many different levels of drug charges, ranging from possession of small amounts of marijuana, which is a misdemeanor, to large-scale distribution. Some of the more common charges are:

• Drug possession
• Possession for sale, sales, intent to sell
• Importation
• Transportation
• Trafficking
• Cultivation and sales
• Distribution and conspiracy to violate any drug / narcotic laws
• Trafficking and manufacture of methamphetamine (meth) and / or possession of chemicals (i.e. ephedrine or pseudoephedrine) for manufacturing, purifying, etc.

The above can apply to a wide range of controlled substances, including marijuana (pot), heroin, cocaine, methamphetamines, and ecstasy. For kids in their teens, most drug charges go through a separate juvenile crime system.

Consequences

If you are caught for drug possession, the range of punishment is determined by the quantity and purpose of possession, such as possession for sale rather than possession for use. A conviction can get you anything from probation to lengthy prison sentences, depending on the type and quantity of drugs, your prior criminal record, whether sales occurred in a school zone, etc.

As we mentioned before, there are alternatives to jail time in some cases. In California, both PC1000 and Prop 36 offer diversion, which allows the accused to complete a drug treatment program in lieu of prison. Once successfully completed, the drug charge is dismissed. The defendant thus gets a new start on life, free of any criminal record.

Defense against Drug Charges

Of course, it is always possible to try to get the charges dismissed entirely. Generally, these cases are defended by making a motion in court to suppress the evidence based on lack of a warrant, lack of probable cause, or illegal search and seizure. These motions are called “suppression motions,” or “PC1538.5 motions” in California. They are brought forth when there is a violation of the person’s Fourth Amendment rights. When these motions are granted in a drug case, it almost always results in the case being dismissed.

The prosecution must also prove each and every essential element of possession. If the prosecutor cannot prove each of the following, the defendant is not guilty. The elements are:

• Dominion and control of the substance. Mere presence at the scene is not sufficient.
• In a quantity usable for consumption or sale
• Possession for sale also requires a specific intent to sell it.
• Knowledge of its presence
• Knowledge of its restricted dangerous drug character.

The lawyers of San Diego Criminal Defense have more than 30 combined years working in the California criminal system. They know how to judge whether a case can be defeated in court, and are ready to do so. If, however, you want to avoid a trial, they will work out a deal.

For more about drug charges, visit our Drug Offenses FAQs.

Contact Us

Speak with our lawyers about your case by calling 619.231.6577 or emailing us through our contact page. Our attorneys are available during weekdays, weekends or evenings. We have a 24-hour answering service ready to take your call.