An Alameda County Drug Charge Attorney Can Fight For You
Any arrest or conviction for a crime is a serious matter, but facing drug charges can be overwhelming. There is a negative stigma that accompanies even an arrest for a drug-related offense, but that pales in comparison to the consequences of being convicted. If you have been charged with a drug crime, it is essential to understand your legal options.
Berkowitz Law has prevailed in many cases involving drug charges, either through negotiating a reasonable plea deal, having the charges dropped, or winning at trial. The stakes are high, so it’s crucial that you evaluate your situation before considering a guilty plea. Reach out to an Alameda County drug charge attorney today to learn more.
Types of Drug Charges
California law recognizes multiple types of criminal charges related to controlled substances. Charges range from simple possession, which can be addressed through a diversion program with the right legal intervention, to manufacturing of controlled substances, which may result in a prison sentence.
Possession
The most basic charge is simple possession, which involves having a controlled substance for personal use. In most cases, this offense is addressed under Section 11350 of the California Health and Safety Code. While possession of controlled substances used to be treated as a felony, under current California law, possession of most types of illegal drugs is a misdemeanor, which is punishable by up to one year in county jail and fines. However, possession of illegal drugs under certain circumstances may still result in a felony prosecution. A skilled attorney can often persuade the court that rehabilitation measures are the most suitable remedy rather than incarceration.
Possession with Intent to Sell
When law enforcement believes that drugs were not meant for personal use but for sale, the state can increase the charges from possession to possession with intent to sell. To prove your intent to sell, the state can rely on evidence like the quantity of drugs in your possession. They might also point to the presence of packaging materials, scales, or large amounts of cash.
Section 11351 of the California Health and Safety Code defines this offense and provides that violators may be imprisoned for a term of 2 to 4 years. Because the intent to sell makes this offense much more serious than possession for personal use, small details can make a big difference in the case. It may be possible to successfully argue that the evidence is insufficient to prove the requisite intent to sell and that the offense should be treated as simple possession eligible for diversion options.
In many situations, the evidence needed to demonstrate possession with intent to sell has been obtained through searches that violate the rights of the person accused. A dedicated attorney will investigate the circumstances carefully to determine whether the evidence can be excluded on those grounds.
Sales and Distribution
A conviction for actively selling or distributing drugs is considered even more serious. Under Health & Safety Code § 11352, the sale or transportation of controlled substances is punishable by three to nine years in state prison, with penalties increasing based on the type of drug and the quantity involved.
Depending on the situation, selling drugs could potentially be prosecuted under either Section 11351 or Section 11352, the more serious offense that also covers drug trafficking. While the sale of drugs is encompassed by Section 11352, a defense attorney may be able to argue that the evidence is not sufficient to demonstrate a violation of that statute and that the incident should be treated as a less serious offense.
Trafficking
Drug trafficking refers to large-scale distribution, often across county or state lines. While most drug crimes are prosecuted under state law, including Section 11352 of the California Health and Safety Code. Trafficking cases may be prosecuted by the United States Attorney in Federal Court as violations of statutes such as 21 U.S.C. § 841. Federal sentencing guidelines are harsh, and convictions can lead to decades of imprisonment.
Manufacturing
California also prohibits the cultivation or manufacturing of controlled substances without authorization. This includes producing methamphetamine or growing marijuana beyond the current legal limits. Manufacturing charges are felonies and carry some of the steepest sentences for drug-related offenses.
For instance, a violation of Section 11379.6 of the California Health and Safety Code, which prohibits the manufacture or production of substances such as LSD and heroin, is punishable by a fine of up to $50,000 and imprisonment for three to seven years.
Drug Paraphernalia
Police often add charges of possession of drug paraphernalia, such as bongs, pipes, coke spoons, and opium pipes. Possession of these items is prohibited by Section 11364 of the Health and Safety Code. If the evidence was obtained through an illegal search, an attorney may be able to work to get the charges dismissed. If not, an attorney can work toward diversion in lieu of incarceration.
Penalties for Drug Convictions
The penalties for drug charges vary widely depending on the type of drug, the amount involved, and whether the offense involved possession, sale, or trafficking.
For simple possession, penalties may include probation, fines, community service, or up to one year in jail. California also offers diversion programs, such as drug treatment in lieu of jail and conviction for some first-time offenders.
Drug diversion programs in California attempt to address the problems that lead to drug offenses. Section 1000 of the Penal Code provides a method for diverting certain cases from regular criminal prosecution proceedings (pretrial) to a treatment program. Once the participant completes the program, which usually involves a series of classes and regular drug testing, the charges against them are dismissed. This prevents a conviction from being on the record. Moreover, the record of the charge itself is sealed.
Proposition 36 also offers a way for those arrested on drug charges to receive treatment rather than criminal punishment. It is important to work with an attorney who is prepared to present persuasive evidence and arguments to demonstrate that diversion or other rehabilitative consequences are appropriate under the circumstances, as they are not automatic.
For possession with intent to sell, sentences may range from two to four years in state prison, along with significant fines or probation with a jail sentence of up to one year. For sale, distribution, or transportation, penalties can range from three to nine years in prison. Enhancements may apply if the offense occurred near a school or involved minors.
For trafficking or federal charges, sentences could be lengthier. Federal law imposes mandatory minimums for certain quantities of drugs, leaving judges with less discretion to reduce penalties in certain cases.
What Are the Collateral Consequences?
It is natural to focus on the potential for jail time and fines when you have been charged with a drug offense. The reality is that a drug conviction affects more than just the punishment handed down at your sentencing hearing. You also have collateral consequences to worry about.
Collateral consequences are the impacts that a conviction can have on your life that are not imposed directly by a judge. They might include how your career, child custody rights, or living situation is affected by your criminal record.
More specifically, employers often run background checks, and a conviction can prevent you from being hired. Landlords may deny housing applications, and colleges may withhold financial aid. For parents, child custody battles can be affected by a history of drug-related offenses.
California also enforces firearm restrictions for felony convictions, meaning a drug-related felony can result in the loss of the right to own or possess firearms. For non-citizens, drug convictions are particularly severe, as immigration law classifies many drug crimes as grounds for deportation or denial of citizenship applications. The good news is that you could avoid these collateral consequences by beating the charges against you or negotiating a resolution specifically designed to avoid certain collateral consequences.
Defense Strategies in Drug Cases
Drug cases often hinge on the legality of the investigation. One of the strongest defenses is challenging whether the police conducted a lawful search and seizure. If officers violated your constitutional rights, your attorney could file a motion to have any evidence collected during the search thrown out.
You could still have a viable defense strategy even if the state did not conduct an unlawful search of your property. A common approach is to show your lack of knowledge of the presence of any illegal drugs. The prosecution must prove that you knew you possessed an illegal substance. If the drugs belonged to someone else or were unknowingly placed in your possession, charges may not hold.
In some cases, you might even be able to raise a successful entrapment defense. Entrapment occurs when the police coerce you into committing a crime you would not have committed otherwise. This can happen during improperly executed sting operations.
In cases of possession with intent to sell, defense attorneys often challenge the prosecution’s evidence of intent. Simply having a large quantity of drugs does not necessarily prove intent to distribute. There are situations in which the best approach is to fight for a more serious charge to be lowered to simple possession.
State vs. Federal Drug Charges
Most drug cases in Alameda County are prosecuted under California state law. However, when drugs cross state lines, involve large-scale operations, or are found on federal property, federal prosecutors may take over. Federal penalties are much harsher, with mandatory minimums and sentencing guidelines that can result in decades of imprisonment.
In some situations, both state and federal authorities may pursue charges against an individual. While it is unlikely that someone will be punished in both state and federal court, there is often an overlap between local and federal law enforcement investigations. When drugs are involved, it is important to have an attorney who is experienced in both state and federal court. An experienced Alameda County drug charge attorney can navigate both jurisdictions and ensure your rights are protected.
Alternatives to Incarceration
California recognizes that drug offenses often involve issues of addiction rather than criminal intent. For this reason, diversion programs are available for some first-time and non-violent offenders. These programs may require completion of drug treatment or counseling in exchange for dismissal of charges upon successful completion.
Pretrial diversion allows eligible defendants to avoid jail time and focus on rehabilitation. These alternatives not only reduce penalties but also provide an opportunity to break cycles of addiction and criminal conduct.
Having the Right Attorney is Crucial to Your Case
Drug charges are complicated, and prosecutors have extensive resources to pursue convictions. Having an attorney who understands California drug laws and the best strategies to fight back against a conviction could be invaluable to your case.
While you are not obligated to hire an attorney, the right legal team can investigate every detail of your case, from the traffic stop or search warrant to the handling of evidence. They can negotiate with prosecutors for reduced charges, diversion programs, or alternative sentencing. In more severe cases, they are prepared to challenge the evidence in court and present a strong defense at trial. Working with a skilled drug charge attorney ensures that you have an advocate who will fight tirelessly to protect your rights.
Reputation Management
A dedicated defense attorney could also provide valuable assistance in the process of protecting and rebuilding your reputation. The stigma associated with drug offenses can interfere with opportunities for employment, housing, and other critical aspects of your life for years to come. Damage to your reputation generally makes people look at you differently, both professionally and socially.
An experienced Alameda County drug charge attorney will know the consequences that are less likely to become part of your permanent record and how to advocate effectively for those consequences.
Your attorney can help arrange participation in community service and rehabilitation programs that restore your reputation, and help you ensure that the right people—including the judge—can see the changes in your life. In addition, your lawyer can help you understand when and how you may need to disclose information about your drug offenses to your employer or to a prospective employer. In some situations, you are required by law to disclose information about convictions, but not until an employer has made a conditional offer of employment. You may not need to disclose information about drug charges that did not result in a conviction, but the rules can be tricky to interpret, so your attorney can explain the disclosures necessary in your particular situation.
Talk to an Alameda County Drug Charge Attorney Today
Facing drug charges can be a real hardship for you and your loved ones. While the threat of jail time can be overwhelming, it is helpful to understand that you have the right to build a strong defense.
If you or a loved one is facing drug charges, take action immediately. With the help of an experienced attorney, you can confront the allegations, protect your future, and begin the process of moving forward. Contact Berkowitz Law to discuss your options during a private consultation.
FAQs About Drug Charges in California
Can I be charged for drugs that were not mine?
Yes, but the prosecution must prove you knew the drugs were in your possession. If you were unaware, you could have a strong defense.
What is the difference between possession and possession with intent to sell?
Possession is having drugs for personal use. Possession with intent to sell involves possession of drugs along with evidence that you intended to sell drugs, such as a large quantity, packaging, or surveillance of drug sales.
Are all drug crimes prosecuted by the state?
No. Federal authorities may step in when drugs cross state lines, involve large-scale trafficking, or occur on federal property. Federal charges carry harsher penalties.
Will I lose my driver’s license after a drug conviction?
Certain drug convictions can trigger license suspension, particularly those involving driving under the influence of drugs. Your attorney can advise you on whether this applies to your case.