Drug Law

ACCUSED OF A DRUG CRIME IN Northern California?

We believe in treatment, not jail.

  • Community Service
  • Rehabilitation Counseling
  • First Offender’s Programs
  • Arrest Records Sealed

If you have been accused of a drug offense…whether possession or sales, our goal is always the complete dismissal of all charges. If this isn’t possible, we negotiate solutions for our clients that allow them to avoid jail and sometimes even prosecution.

Clients may face drug charges of:

  • Cultivation or Manufacturing
  • Possession
  • Possession of paraphernalia
  • Possession with intent to distribute
  • Prescription fraud
  • Drug Trafficking
  • Transportation or importation of narcotics

 

For the most part, possession of controlled are deemed misdemeanors after the passage of proposition 47 in 2014.  This, however, does not apply to those with “serious or violent felony” priors or registered sex offenders.

The penalties for the remaining drug crimes depend on the type of crime as well as the type of drug possessed:  Except for Marijuana which is revised by proposition 64, it is still a FELONY to sell, transport of manufacture drugs.

COCAINE – Cocaine is a schedule 2 drug and is governed by Health and Safety code   section 11351.

HEROIN Heroin is a Schdule 1 drug.  It is a felony to possess Heroin for sale, transport, or manufacture heroin.  (Health and Safety code section 11351).

METHAMPETAMINES – California Health and Safety code section 11378 govern the sales, transportation, and distribution of this class 2 drug.  A conviction for sales of methamphetamines can lead to a prison sentence of up to four years.

Like any felony the court can impose several sentences:

  • Grant Probation
  • Sentence defendant to state prison for maximum duration

The penalty chosen depends on:

  • Prior convictions
  • Amount of drugs
  • Other defenses such as:
    • Drugs were possessed for personal use
    • Search and seizure failures
    • Drugs belong to someone else
    • Entrapment