Have you been arrested on drug charges in San Diego, California? An experienced San Diego drug crimes lawyer at Blair Defense Criminal Lawyers can help you fight to protect your future. Contact our San Diego law office at (619) 357-4977 to get started with a free consultation.
We’ve been defending the people of San Diego against serious state and federal charges for more than a decade. The potential consequences of a conviction can change your life forever. We’ll work diligently to get your charges reduced or dismissed, negotiate a favorable plea deal, or win a not guilty verdict for you at trial.
Now is the time to begin fighting for your future, so reach out to us today.
How Blair Defense Criminal Lawyers Can Help You Fight Drug Charges in San Diego
The government isn’t on your side. The police and prosecutors involved in your case will be working hard to convict you. In order to level the playing field, you’ll need one of the best criminal defense lawyers in San Diego, CA, standing beside you.
At Blair Defense Criminal Lawyers, we want to help you move beyond your criminal drug case and take steps toward a brighter future.
When you turn to us for help after an arrest, our respected defense attorneys will:
- Conduct an independent and thorough investigation into the circumstances surrounding the criminal accusations against you
- Determine if your rights may have been violated by the police
- Identify potential issues with state evidence
- Help you navigate conversations and interviews with the police and state prosecutors
- Identify the best legal defenses for your specific situation
- Work to discredit the prosecution’s case at every turn
Our team is here to help you obtain the best possible result in your criminal drug case. The sooner you call us, the sooner we can get to work on defending you and fighting for your freedom. Give our law offices, conveniently located in San Diego, a call today.
An Overview of Drug Crimes in San Diego, California
Many crimes can be classified as “drug crimes” under California state law. Drug crimes all involve controlled substances.
What’s a Controlled Substance?
A controlled substance is a drug, chemical, or compound that’s tightly regulated by state and/or federal law. Typically, these substances are believed to have a high potential for abuse, addiction, or misuse.
In California, controlled substances fall into one of five schedules.
At one end of the spectrum are Schedule I controlled substances, which have the highest potential for abuse and no observed medical purpose. On the other end are Schedule V controlled substances, which have clinically recognized medical uses and the lowest potential for addiction.
Examples of drugs that fall into each schedule include:
- Schedule I: heroin and LSD
- Schedule II: cocaine, methadone, and oxycodone
- Schedule III: ketamine and anabolic steroids
- Schedule IV: Valium, Klonopin, and Xanax
- Schedule V: Cough syrups and drugs with small amounts of codeine
If you are caught in possession of or attempting to sell, manufacture, or traffic a controlled substance, you can face serious criminal charges in San Diego.
Here’s a brief overview of some of the most common offenses charged in San Diego.
Possession of a Controlled Substance
You can face charges under California Health and Safety Code 11350(a) if you are in possession of a controlled substance without a valid prescription.
This applies to controlled substances that are entirely illegal and those administered by a doctor.
In order to convict, the state must be able to prove that you knowingly and illegally possessed a controlled substance.
You must have:
- known that what you had was considered to be a controlled substance, and
- had enough of it in your possession to use.
Possession of a controlled substance can be a misdemeanor or a felony, depending on the type of drug involved, the quantity, and your criminal record.
Possession of a Controlled Substance With the Intent to Sell
If you have a large amount of a specific drug in your possession, you can face aggravated charges for possession with the intent to sell under Health and Safety Code 11351.
In order to be convicted, it must be proven that you:
- Knowingly possessed a controlled substance
- Had enough of the drug in your possession to sell, and
- Had the intent to sell.
How does the state prove intent? It can point to the sheer quantity of the drug in your possession, supplies used to package and sell the drug, or even large amounts of cash in your possession. Intent can be inferred based on the totality of the circumstances surrounding the situation.
Possession with the intent to sell is a felony offense in the state of California.
Drug Manufacturing
It is illegal to manufacture, create, compound, or otherwise compose a controlled substance under Health and Safety Code 11379.6. For instance, operating a meth lab would be considered a violation of 11379.6 HC.
In California, drug manufacturing is a felony.
Marijuana Crimes
Marijuana is subject to its own laws and regulations in the state of California. In some instances, marijuana is legal to use medicinally and recreationally. However, it can still be a crime to possess, sell, or manufacture the drug. It’s also still illegal to possess, sell, and grow marijuana under federal drug laws.
Most marijuana offenses in California are misdemeanors. However, serious and repeated violations of state drug laws can be charged at the felony level.
What Are the Penalties for Drug Charges in San Diego?
The penalties for drug charges in San Diego depend on many factors, including:
- The type of drug or controlled substance involved
- The quantity of the drug involved
- Whether you’re facing charges individually or as part of a larger conspiracy
- Whether your drug charges are gang-related
- If you’ve been convicted of other drug charges in the past
- Whether you’ve been convicted of a sex crime or violent crime in the past
If you’re charged with a misdemeanor drug crime in San Diego, California, you could face:
- Up to one year in a San Diego County jail
- Up to $1,000 in fines
- Probation
- Community service
- Mandatory drug and alcohol counseling
If you’re charged with a felony drug crime in San Diego, you could face:
- One to seven years in a California state prison, depending on the charge
- Up to $10,000 in fines (per offense)
- Probation
- Immigration consequences
You will also face collateral consequences of a criminal drug conviction. A collateral consequence is something that happens as a result of a conviction – but not imposed by the court.
Instead, you might find that a drug charge on your criminal record makes it difficult to find a job or housing. Moreover, it may prevent you from getting a loan or interfere with a family law case.
How Can I Defend Against Drug Charges in San Diego?
It’s important to defend yourself every step of the way when you’re faced with drug-related criminal charges in San Diego. The state has the burden of proving that you’re guilty, and it has to do so beyond a reasonable doubt.
An aggressive defense can help to prevent the prosecution from satisfying its burden of proof.
Our San Diego drug crimes attorneys will argue any defense that might help your case:
- Your arrest was unlawful
- You were the victim of an illegal search or seizure
- Evidence in your case has been obtained illegally
- The chain of evidence in your case was broken
- You didn’t know the substance in your possession was an illegal controlled substance
- You were not in actual or constructive possession of a controlled substance
- You had a valid prescription or another legally recognized reason to possess the substance
- The allegations against you are untrue and based on false accusations
If we determine that your rights have been violated in any way, we will bring that to the court’s attention immediately. That can involve filing a motion to have specific evidence or the entire case against you dismissed. If evidence is thrown out, it can become much more challenging for the state to build a successful case against you.
Our San Diego Drug Crimes Lawyers Are Ready to Fight For You
Don’t hesitate to get help if you or a loved one is charged with a drug offense in San Diego, California. The state will begin working on its case against you immediately. Getting an attorney involved right away can help to ensure that your rights are protected and that you have the opportunity to obtain the best result in your case.
Contact Blair Defense Criminal Lawyers for legal assistance today. Our San Diego drug crimes lawyers are standing by to help. Your first consultation is free, so contact us now.