Drug Crimes

Riverside Drug Offenses Lawyer

Defending Against Drug Crime Charges in California

While California drug laws have been liberalized in recent years, you should make no mistake that there are still serious penalties for drug offenses in the state that go beyond just possession. If you have been charged with a drug offense, you need the immediate help of a Riverside, CA drug offenses lawyer from DeLimon Law.

Contact DeLimon Law today to schedule a consultation with our Riverside drug offenses attorney.

The Schedules of Drugs in California Impact Sentences

In California, there are two primary categories of narcotics that are divided into five schedules based on DEA guidelines. The potential punishment for a drug offense depends on the schedule. The schedules are arranged in descending order, with Schedule I drugs being the ones with the highest potential for addiction.

The first two schedules are drugs that are always illegal. These include:

Cocaine
Heroin
Meth
Other opiates
Morphine

The second category of drugs involves controlled substances. In California, this is defined as “a narcotic drug….except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances.” This can include:

Anabolic steroids
Many prescription drugs
Codeine

Possession Is Still a Crime with Consequences

While Proposition 47 changed the law to lessen the penalties for possession of drugs, there are still punishments that can have serious effects on the defendant’s life in both the short and long run. Specifically, Proposition 47 made possession a misdemeanor in an attempt to reform the system and eliminate some of the harsh penalties doled out in the past.

Nonetheless, possession of drugs can still be punished with up to a year in prison. Further, the collateral effects of a drug conviction could cause serious disruption in your life. For example:

You now have a criminal record, which can impact you in the future on background checks and job applications.
You stand to lose financial assistance if you are in college and receiving aid at the time of your conviction.
Drug convictions can harm your legal position in a custody case.
A conviction could also get you deported from the U.S.

In order to convict you of possession, the prosecutor must show that you intended to possess the drug. Further, drug crimes rely heavily on evidence. Otherwise, the prosecution has little with which to prove that you not only possessed the drugs but had the intent to do so.

A Riverside drug offenses attorney would examine the evidence against you and the prosecutor’s case and advise you of the best legal path forward. If you and your lawyer decide not to fight the charges, your attorney may be able to negotiate with the prosecutor to get you into a drug diversion program.

Distribution or Intent to Distribute Increases Penalties

The penalties are much steeper if law enforcement charges you with possession with the intent to distribute. This charge covers all drugs on the Schedules. These convictions can carry a sentence of up to four years in prison and a $20,000 fine. Here, a defendant would need to possess drugs that they knew were present with the intent to sell them to someone else. This is a crime that requires a showing of intent.

Actual drug transactions involving certain narcotics on the Schedules are charged the most harshly under California law. California Health and Safety Code 11352. This statute covers:

Transporting drugs for sale
Offering drugs for sale
The actual sale of drugs

Jail time under this statute can range from three to nine years. The most significant penalties come when a defendant transports narcotics across county lines for sale. Convictions are felonies and count as a strike under California’s “Three Strikes” rule. In addition, there are possible federal charges when the alleged crimes are more severe. The larger the narcotics operation, the more likely federal charges are.

How you are able to move on from a drug charge depends on the alleged crime you are facing. In the best-case scenario, your lawyer can help you either:

Successfully fight the drug charges against you
Negotiate with the prosecutor for a lesser drug offense

Defenses Against Drug Offenses Charges

Defenses may include:

Illegal Search and Seizure: The Fourth Amendment safeguards individuals from unreasonable searches and seizures. If law enforcement officers searched without a valid warrant or probable cause, any evidence obtained during that search may be inadmissible in court. Challenging the legality of the search can sometimes lead to a dismissal of the charges.
Lack of Possession: In some cases, it may be possible to argue that the drugs found were not in your possession. For instance, if the drugs were discovered in a shared space, such as a vehicle or a home, you share with others, it might be difficult for the prosecution to prove that the drugs belonged to you.
Entrapment: Entrapment often occurs when law enforcement officers induce a person to commit a crime they would not have otherwise executed. If you were coerced or persuaded by law enforcement into committing a drug offense, you might have a valid entrapment defense.
Insufficient Evidence: The prosecution will need to prove every element of the crime beyond a reasonable doubt. If there is insufficient evidence linking you to the drug offense, your charges may be reduced or dismissed.
Mistaken Identity: Drug offenses often involve multiple suspects. If you were mistakenly identified as being involved in a drug crime, this could be a crucial defense. Witness misidentification or a lack of forensic evidence could be used to cast doubt on the prosecution's case.
Medical Necessity: In cases involving marijuana, a valid medical prescription or a state-issued medical marijuana card could serve as a defense against possession charges. However, this defense is specific to California's medical marijuana laws and may not apply to other controlled substances.

Contact Our Riverside Drug Offenses Attorney Today

If you are facing drug charges, it is best to have an attorney on your side as soon as possible, especially as prosecutors begin to build a case against you. Defendants have legal rights when it comes to things such as searches, evidence, and talking with law enforcement. Your attorney will help protect these rights. Contact the Riverside drug offenses firm of DeLimon Law today at (951) 382-5559 or contact us online for your initial consultation. Daniel DeLimon is an experienced attorney and former prosecutor dedicated to protecting his clients’ legal rights.

Every case has its challenges and you need the best legal representation. If you are facing criminal charges call Daniel DeLimon today for a free consultation with our Riverside drug offenses lawyer at our local number (951) 382-5559.

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