Our criminal defense attorneys represent those accused of drug and narcotics charges throughout Los Angeles, Orange, San Bernardino and Riverside Counties.
Whether you’re charged with large-scale drug trafficking or simple possession of a controlled substance, our drug offenses attorneys will help you fight the charges and, if necessary, find an effective drug treatment program.
Things to Consider in any Drug Crimes case
Officers frequently ignore several areas of law in order to “get their guy” and make an arrest. As such, special attention must be paid to things like:
- Search and seizure scenarios
- Entrapment issues
- Confidential informants
- Search Warrant & How they were obtained
- Police reports and any possible exaggerations
Our drug defense attorneys know how to scrutinize the case for police mistakes and misconduct. In many cases, we can make a motion to suppress evidence…if granted, it will usually lead to the whole case being thrown out of court.
The most common types of cases we handle include:
Health & Safety Code 11350 – “Possession of a Controlled Substance”
Health & Safety Code 11350 makes it a felony to possess narcotics such as cocaine, heroin, ecstasy, GHB and even prescription drugs such as Vicodin or Codeine (if 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 drug diversion under Proposition 36 or PC 1000.
Health & Safety Code 11351 – “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 diversion under Proposition 36 or PC 1000.
In assessing whether a suspect possessed narcotics for the purpose of sales, cops and prosecutors will look to the quantity of the drugs, how it is packaged, location of any scales scales, and weapons and/or large sums of cash.
Health & Safety Code 11352 – “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, however, these stings run afoul of California’s entrapment laws and may be subject to dismissal for that reason.
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.
Health & Safety Code 11377 – “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 known as a “wobbler”, which means it can be charged as a felony or a misdemeanor. Typically, someone charged under this section qualifies for diversion under Proposition 36 or PC 1000.
Health & Safety Code 11379.6 – “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 operating a meth lab in California, or 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 simply preparing to do it.
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 – “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 can qualify for diversion under Proposition 36 or PC 1000.
If you, or a loved one, has been accused of a drug crime, contact an experienced criminal defense attorney immediately. Timely hiring an experienced attorney may help keep relevant evidence available and will provide guidance for you and your loves ones through the maze that is the Criminal Justice system.