Drug Possession Attorney San Diego

For a Drug Possession Charge in San Diego, the Defense Lawyer You Choose is CRUCIAL — We’ve Defended Over 2000 Criminal Cases, With a Proven Track Record of Success Defending Drug Possession Charges!

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Drug Possession Lawyer San Diego

Drug offenses are among the most common criminal charges in California. As a result, the law imposes strict punishment on drug crimes, depending on the number of times you’ve been accused and found guilty. The type of drug you possess also influences the harshness of the penalties you’ll receive.

At Superior Law Center, an experienced San Diego drug crime attorney will fiercely fight for your rights in court and get you the justice you truly deserve. Our law offices handle various drug crimes, including

  • Marijuana possession
  • Drug cultivation and manufacturing
  • Drug possession
  • Drug trafficking.

If you’ve been charged with a drug crime, call us today on (619) 743-9130. Our aggressive criminal defense attorneys will quickly evaluate your case. Then, we will help you create a powerful criminal defense that minimizes or eliminates the consequences in your case.

Read on to understand what California laws consider illegal drugs and the related penalties. Most importantly, you’ll learn the legal defenses you can use to avoid conviction.

What Drugs Are Illegal in San Diego, California?

Unlawful possession of a controlled substance is illegal in California. Controlled substances include illegal and specific prescription drugs that people commonly abuse.

The law classifies these drugs into five categories called “Schedules.” Drugs in Schedule I are the most dangerous, while controlled substances in Schedule V have the least adverse effects. As a result, offenses involving Schedule I drugs have more severe penalties than Schedule V.

These schedules influence the criminal consequences of using, possessing, or selling controlled substances in California. Here are the definitions and examples of illegal drugs in each schedule.

Schedule I

Schedule I entails drugs with the highest potential for abuse. These drugs currently have no accepted medical use and cause severe psychological effects as well as addiction. Examples of schedule I drugs include:

  • Marijuana
  • Heroin
  • Peyote
  • Lysergic acid diethylamide (LSD)
  • Methaqualone
  • Ecstasy

Schedule II

Schedule II drugs have a high abuse potential that is lesser than schedule I drugs. However, the law considers these drugs dangerous since they potentially cause severe physical dependence and adverse psychological effects. Schedule II drugs include:

  • Cocaine
  • Vicodin
  • Ritalin
  • Methamphetamine
  • Dilaudid
  • Meperidine.

Schedule III

Schedule III drugs cause moderate to low psychological and physical dependence. The abuse potential of Schedule III drugs is less than Schedule II, and Schedule I. Examples of Schedule III drugs are:

  • Testosterone
  • Ketamine
  • Anabolic steroids.

Schedule IV

The potential for abuse of schedule IV drugs is lower than the first three schedules. Users of schedule IV drugs also have a lower risk of physical and psychological dependence. Examples of these drugs include:

  • Valium
  • Soma
  • Xanax
  • Ambien
  • Talwin
  • Tramadol.

Schedule V

Schedule V drugs are the least dangerous. They have the lowest abuse potential and user dependency. Examples of Schedule V drugs include:

  • Parepectolin
  • Robitussin
  • Lomotil

What Constitutes a Drug Offense in California?

When facing drug-related charges, it’s important to know if California laws consider your situation an offense. The following California drug offenses explain who can be charged or get convicted.

Drug Possession

California laws criminalize you if you own illegal narcotics, including (but not limited to) cocaine, crack, heroin, ketamine, and ecstasy. It’s also an offense to possess prescription drugs like Vicodin that aren’t prescribed to you by a qualified professional.

Possession of Drugs with the Intent to Sell

According to California’s Health and Safety Code 11351, it’s a crime to own illegal narcotics with intent to sell. Possession with the intent to sell is a serious offense with heavier consequences than simple drug possession.

However, that doesn’t mean you will automatically get convicted. At Superior Law Center, we will fight for you with all possible means to eliminate the drug charges or reduce the penalties considerably.

Drug Transportation or Distribution

It’s a serious crime in California to distribute illegal drugs. The law charges you with a transportation drug offense if you supply or move state-regulated drugs from one place to another for trafficking purposes.

With a reliable San Diego criminal defense lawyer, you can expose violations of your constitutional rights and effectively defend yourself against drug transportation charges.

Drug Manufacturing

It’s a felony offense to produce, derive, or process a regulated drug. This offense carries the most severe consequences if the law finds you guilty.

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What Are the Penalties for Drug Offenses in California?

A prosecutor can charge you with a misdemeanor or a felony drug offense. Misdemeanor charges are less serious than felony offenses, making the penalties lighter. On the other hand, felony drug offenses have more adverse consequences.

Your criminal history, the types, and the amount of drugs involved in the charges determines whether you get sued with a felony or misdemeanor drug offense. The type of drug crime also influences the penalties you’ll receive if you get convicted.

For example, a prosecutor can charge you with a felony offense if they prove that you unlawfully possess state-regulated drugs intended for sale. Penalties for felony drug crimes include heavy fines and more than a year of jail time. The actual jail time depends on the California Health and Safety codes related to the offense.

On the flip side, simple drug possessions (like owning drugs for personal use) are misdemeanor offenses. The penalties include up to one year in prison and a maximum of $1000 fine. Instead of jail time, you can serve your sentence in drug treatment programs as a first-time offender in a misdemeanor case, depending on how your lawyer argues the case.

The results you will get from your case hugely depend on your lawyer’s tactics. That means you need a skilled attorney with a strong grasp of the California laws to represent you well through this difficult moment.

Attorneys at the Superior Law Center believe that everyone deserves justice. Therefore, we will dedicate our time and leverage our experience to help you avoid wrongful convictions.

An Experienced Law Firm Wants to Defend You Against Drug Charges in San Diego, California

Every drug case has a unique defense strategy. At Superior Law Center, we will help you create a defense strategy tailored to your criminal charges and the specifics of the arrest. That way, it’s easy to significantly reduce the penalties in your case or eliminate the charges to clear your name.

Contact us today to evaluate your case and create a solid defense strategy that gets you justice.

Drug Possession

Powerful Defenses Against Drug Charges in California: A Solid Strategy to Fight for Your Rights

Illegal drugs are among the major problems in California. For this reason, California laws impose harsh penalties on drug crimes as a lesson to others in the community. The good news is that the California laws are not entirely brutal to offenders, which is to say, you’re innocent till proven guilty.

Before the side pressing charges against you declare you guilty, it must prove specific elements in the case. For example, the prosecutor must show that the drug belongs to you. The prosecutor must also reveal the motive to sell if the charges involve possession of drugs with the intent to sell

Here are the defenses a lawyer can leverage to represent you well in a drug offense court in California.

1. Illegal Search and Seizure

As a California resident, it’s your right to be free from illegal search and seizure by police and other law enforcement officers. In other words, law enforcement officers must follow specific regulations to legally search an individual or your property when looking for illegal drugs.

The officers must have your permission, a search warrant, or a reasonable cause to perform the search on you or your property. Otherwise, the court might dismiss anything the prosecution side uses against you as evidence.

Suppose you were driving at normal speed while following all the traffic rules. Then, a police officer stops you for no reason, searches your vehicle, and finds cocaine in the back seat.

In that case, your lawyer can convince the court to dismiss the charges if there wasn’t any probable cause for the officer to stop you.

2. Proving that You Don’t Own the Drugs

A San Diego criminal lawyer can help you convince the court that you don’t own the drugs. After all, you’re not guilty until the prosecution proves drug ownership, even if they found the illegal substances in your vehicle or home.

If you prove that the drugs weren’t yours or you were unaware of their existence on your property, the court will drop the charges.

3. Crime Lab Evidence

The prosecution must get confirmation from the crime lab before submitting the alleged illegal substances as evidence in court. That ensures the arresting officer didn’t mistake a legal thing for prohibited drugs. In some cases, the arresting officer or the crime lab fails to produce the evidence necessary for the court case.

4. Drug Possession with No Intent to Sell

Offenses involving “drugs for personal use” and “drugs possession with intent to sell” are two entirely different cases. Charges in drugs for personal use have less severe penalties than when the offender intended to sell the drugs.

Depending on the amount involved and the situation you were arrested, an attorney can convince the court you had no intent to sell. This defense tactic ensures you avoid felony drug charges that have adverse consequences.