DRUG CRIMES DEFENSE
Overview
California aggressively prosecutes drug-related offenses. Whether you’re facing charges for simple possession or alleged trafficking, the penalties can be life-altering—especially if you have a prior record or the case involves controlled substances like fentanyl, methamphetamine, or heroin. At Jones Trial Attorneys, we have extensive experience defending clients against all types of drug charges and helping them avoid incarceration, secure diversion, or beat the charges entirely.
We understand what’s at stake: your freedom, your future, and your record.
Legal Definition
Drug crimes in California are typically prosecuted under the California Health and Safety Code, with some offenses also prosecuted under federal law. These statutes cover activities such as:
- Possession (simple or with intent to sell)
- Transportation or sale
- Manufacture or cultivation
- Prescription fraud
- Drug paraphernalia possession
The severity of the charge depends on the type and quantity of the drug, your criminal history, and whether there are aggravating factors like firearms or minors involved.
Common Drug Offenses We Defend
Below are some of the most common California drug crimes we handle:
HS 11350 – Possession of a Controlled Substance
This statute criminalizes possessing drugs like cocaine, heroin, or prescription medications without a valid prescription. Usually charged as a misdemeanor unless aggravating factors exist.
HS 11351 – Possession for Sale
Charged when there’s evidence suggesting the drugs were not for personal use (e.g., large quantity, scales, packaging). This is a felony offense.
HS 11352 – Sale or Transportation
Selling, furnishing, administering, or transporting controlled substances can lead to multi-year prison terms.
HS 11357 – Marijuana Offenses
Although marijuana is legal in California, possessing more than 28.5 grams or selling without a license can still lead to criminal charges.
HS 11379 – Sale/Transport of Methamphetamine
This felony offense carries stiff penalties, especially with enhancements for prior convictions or large quantities.
HS 11364 – Possession of Drug Paraphernalia
Possessing items like syringes, pipes, or spoons for drug use can be charged as a misdemeanor.
Penalties
Drug crime penalties in California vary based on the offense, prior history, and whether diversion is available. Possible consequences include:
- Jail or prison time
- Hefty fines
- Probation or parole
- Loss of professional licenses
- Driver’s license suspension
- Asset forfeiture
- Mandatory registration as a narcotics offender
Felony convictions may carry sentencing enhancements if the offense occurs near schools, involves minors, or includes weapons.
Legal Defenses to Drug Charges
At Jones Trial Attorneys, we aggressively pursue every available defense. Common strategies include:
- Unlawful Search and Seizure – If police found drugs through an illegal search, the evidence may be suppressed.
- Lack of Knowledge – You must have knowingly possessed the drug. If someone else left it in your car or home, you may have a defense.
- Valid Prescription – Having a valid medical prescription for substances like oxycodone or Xanax is a complete defense.
- Entrapment – If law enforcement induced the offense through undercover operations, charges may be dismissed.
- Crime Lab Issues – We scrutinize whether the alleged substance was properly tested and stored.
- Chain of Custody Violations – Improper handling of evidence can lead to dismissal.
Immigration & Employment Consequences
Drug convictions can have devastating collateral consequences, especially for non-citizens and licensed professionals. A conviction may lead to:
- Deportation or inadmissibility
- Loss of DACA or green card status
- Revocation of state licenses (nurses, teachers, attorneys, contractors)
- Termination of employment
- Difficulty securing housing or loans
We tailor our defense strategy with these consequences in mind, often exploring pre-plea diversion or immigration-safe resolutions.
Related Offenses
- HS 11366 – Maintaining a drug house
- HS 11359 – Marijuana sales
- PC 182 – Drug conspiracy
- VC 23152(f) – Driving under the influence of drugs (DUID)
If your case involves multiple charges or enhancements, we can help develop a comprehensive defense plan.
Why Choose Jones Trial Attorneys?
We don’t just negotiate deals. We prepare every case as if it’s going to trial. Our team understands how to challenge bad searches, expose unreliable witnesses, and protect your constitutional rights. We’re experienced in negotiating alternative sentencing like diversion, rehabilitation, or drug court when it’s in your best interest—and fighting for a full acquittal when it’s not.
Call Now – Free Consultation
If you or someone you love is facing drug charges in California, don’t wait. Early intervention by a knowledgeable attorney can drastically change the outcome.
📞 Call (866) JTA-WINS or contact us online to schedule a confidential, no-obligation case evaluation.
Schedule a Free Consultation with an Expert Criminal Defense Attorney
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