Helping Clients Reduce or Remove Criminal Charges
In California, drug crimes are serious offenses. Jail time, hefty fines, and a permanent criminal record are likely on the table if you have been charged with a drug offense. Many offenders have difficulty securing a job or finding housing after a conviction, especially if they were charged with a serious felony. Hiring a criminal defense lawyer is the best way to protect your freedom and your future after being charged with a drug crime.
If you have been charged with a narcotics offense, having an experienced criminal defense attorney could make all the difference in the outcome. You may be able to avoid prison and a host of other consequences with guidance from a legal professional. Our Orange County drug crime lawyers at the Law Office of Scott Henry could help you defend your case and protect your rights. With competent representation by our skilled and knowledgeable attorneys, you may receive a lesser penalty or possibly no penalty at all. For a free consultation and to learn more about our services, contact our law offices by calling (714) 294-0599.
Orange County Drug Crimes
“Drug crimes” is a general term for numerous types of narcotics-related offenses. Our local attorneys could build a solid defense based on the specific drug charges you face. Some of the most common charges an individual may face include:
Transporting a Controlled Substance(s)
Transporting a controlled substance is similar to drug trafficking. The sale, transportation, administration, and importation of controlled substances with the intent to sell is classified as transporting a controlled substance. The prosecution must prove that the defendant engaged in the transportation and had knowledge of the drug in their possession.
Possessing Drug Paraphernalia
Drug paraphernalia is any tool or item used to make, take, or administer drugs. Pipes, needles, and other equipment are all classified as drug paraphernalia. Many offenders are charged with possession of drug paraphernalia plus drug possession.
Possessing a Narcotic
Drug possession is a felony-level offense that can carry jail time. If the drug involves GHB, the offense is a “wobbler,” meaning offenders can be charged with a felony or misdemeanor. Drug possession is one of the most common drug crimes in the state.
Transporting a Controlled Substance for Sale
Transporting a controlled substance often involves the intent to sell. Offenders can be charged with transportation with the intent to sell if the illegal drugs in their possession are more than what could be considered personal use.
Possession of a Controlled Substance for Sale
Possession and transportation with the intent to sell involves having a substantial amount of drugs with you. If the amount of drugs on your person is more than what could be considered personal use, officers will likely charge you with possession with the intent to sell.
Selling or Furnishing a Controlled Substance to a Minor
Providing illegal drugs to minors is a serious offense that can lead to jail time. Any offenders caught providing substances to minors can be charged with a drug crime. Minors in possession can also face penalties.
Selling a Substance in Place of a Controlled Substance
Selling an imitation or fake drug in the place of a controlled substance is illegal. For instance, if you sell “methamphetamine” to a buyer but it is discovered to contain no methamphetamine, you can still be charged with a crime. There must be an actual sale, not just the intention of selling, for this charge to be valid.
These crimes vary significantly in their severity, but all charges should be taken seriously. The knowledge of an attorney who is familiar with trying drug crime cases in the area could significantly increase your chances of obtaining a positive outcome.
What is Considered Illegal Drug Possession?
Possession of a controlled substance, such as heroin or cocaine or prescription drugs not obtained without proper documentation, is against the law. The possession of most drugs is charged and prosecuted under California Health and Safety Code 11350 HS and is usually charged as a misdemeanor. Drug possession is one of the most common drug crime charges, and many offenders are first-time offenders without a criminal record.
First offenses often receive a diversionary or deferred entry of judgment to avoid a criminal conviction. In these situations, you should have an experienced lawyer to stand up for you. Our firm could present your case before the court as a nonviolent, first-time offender with a request for an alternative sentence. The criminal justice system is often more lenient on first-time offenders, especially if individuals seem remorseful.
The typical penalties for drug possession are up to one year in jail and a fine of up to $1,000. With the help of a lawyer in Orange County, you may be able to have the drug charges dropped or substantially lessened. Our team will work with you to develop a defense strategy to reduce your penalties so you can get back to your life as quickly as possible. If you are facing drug possession charges, contact our attorneys today for more information.
What is Drug Trafficking?
Under California Health and Safety Code 11352 HS, drug trafficking is considered the sale and transportation of controlled substances. It is further defined as:
- Selling, furnishing, administering, giving away, transporting for sale, or importing a controlled substance
- Having knowledge that the drug in question was a controlled substance
- Knowing of the presence of a controlled substance
- Having control over a usable amount of the controlled substance.
Drug Trafficking in California is a felony. The punishment ranges from three to nine years in prison and a fine of up to $20,000. Additionally, certain factors can add to the penalties. Some include:
- Transporting specific quantities of controlled substances
- Selling controlled substances to a minor
- Drug trafficking near a treatment center
- Selling to an individual who is pregnant, has a mental health disorder, or is a convicted felon
Additional punishment for these factors may include an additional three to five years in prison, additional fines, and felony probation. If you have been accused of this type of drug crime, our attorneys could help you build a case in your defense.
What Are the Possible Punishments for a Drug Crime?
Drug crimes are taken very seriously in the California legal system. Depending on the nature of your charges and any aggravating circumstances, you could face federal drug charges.
The type of drug involved, prior drug convictions, and other crimes committed along with the drug crime will influence the penalties you face for your charges. Murder, robbery, burglary, and assault all aggravate your charges and may lead to further consequences.
The most common punishments offenders face for drug crimes include:
- Probation
- Jail or prison time
- A drug counseling and treatment program
- Fines
- Community services
- Forfeiture of assets
California sentencing guidelines stipulate that most instances of simple possession are charged as misdemeanors. Most misdemeanor drug offenders serve time in county jail and pay a small fine of up to $1,000. Offenders can also be put on parole.
In some circumstances, drug possession can be charged as a felony offense. If you are charged with a felony, you could face up to three years in county jail plus fines and time on parole. You may also be required to complete a drug or alcohol treatment program.
Below are the specific penalties you may face for various drug possession charges:
Under 28.5 Grams of Marijuana
If you are found with under 28.5 grams of marijuana in your possession, you will be required to complete four hours of a drug education course and serve up to ten hours of community service. You can also face fines of up to $100. For any subsequent offenses, you will be required to complete six hours of a drug treatment program and 20 hours of community service.
Over 28.5 Grams of Marijuana
If you are found with over 28.5 grams of marijuana, you must attend eight hours of drug education or counseling plus complete 40 hours of community service. If you are charged again, you must complete ten hours of drug education or counseling and up to 60 hours of community service. Offenders above 18 may have to pay fines of up to $500 and spend six months in county jail.
Cocaine, Heroin, or Methamphetamine
Possession of any of these controlled substances can lead to one year in jail plus a hefty fine. Many first-time offenders are offered a chance to enroll in a drug diversion program rather than face jail time. However, depending on your criminal history, subsequent offenses will likely lead to a jail or prison sentence.
No matter what your situation is, contacting an Orange County drug crime lawyer is the best way to protect yourself from these criminal penalties. We can negotiate with prosecutors to reduce or even remove the charges you are facing, depending on your circumstances. We will work with you to fight your charges every step of the way until you get the outcome you deserve.
What Are the Most Common Defenses for Drug Charges?
While drug crimes are very serious and should be treated as such, there are ways to fight against your charges. Our team will work with you to determine what the best legal defense strategy is based on your criminal history and your current charges.
Below are some common defenses that may be relevant to your case:
Valid Prescription
Prescription medications can be used if you have a valid prescription from a doctor. Prescription painkillers and prescription marijuana sometimes lead individuals to face drug possession charges. If you have a legal reason for possessing these drugs, our team can use your medical evidence in your defense.
Entrapment
Police officers will sometimes use coercion or other strategies to trick individuals into committing a crime. If you were arrested because you sold illegal drugs to a police officer or something similar, our team could argue that no crime was committed or that you were coerced into committing the crime.
Search and Seizure Violation
Even suspected offenders have rights under the law. If law enforcement officers did not have a warrant to search or seize your drugs, our team could argue that the case against you is unlawful and cannot be pursued in court.
Not Your Drugs
Innocent individuals are sometimes blamed for someone else’s illicit drugs. If you live with someone who possesses drugs and you have no knowledge of the controlled substances, our team could argue that you are innocent and do not deserve the criminal charges against you.
What is a Drug Diversion Program?
For some first-time offenders, drug diversion programs are offered instead of jail time. Offenders must plead guilty to a simple possession charge. However, sentencing will be delayed until the offender completes an 18-month drug diversion program. Once the program is completed, the charge is dismissed.
If the defendant does not complete the program, then they will be sentenced on their original drug possession charge. Drug diversion programs are excellent options for non-violent, first-time criminal offenders. If you do not have a criminal record and are interested in applying for a diversion program, reach out to an experienced drug possession defense attorney on our team today.
Speak with an Orange County Drug Crime Attorney Today
Facing narcotics charges is a serious and frightening situation. Even a common charge like drug possession has the potential to derail your life, making it difficult to find a job, secure housing, or apply to educational institutions. Repeat offenders can face severe penalties and could be saddled with felony charges. If you are facing drug crime charges, it is essential to work with an experienced team of criminal defense attorneys.
Our experienced and knowledgeable Orange County drug crime lawyers at the Law Office of Scott Henry could help you through the process. Our team could perform an in-depth investigation into the alleged offenses to find evidence and witnesses to help support your version of events. Our attorneys could effectively present supporting evidence to the prosecutor and seek to have the charges reduced or dismissed. Please contact our office today for a free consultation at (714) 294-0599.