Drug charges
Being accused of a drug-related offense is common in our society today. Local, state and federal governments pour billions of dollars into the notion of a “war on drugs,” often raising serious questions about a person’s right to be free from unlawful search and seizure.
If you have a reasonable expectation of privacy and the police unlawfully invade or interfere with that right, a strong case for suppression or dismissal may be possible, depending on the circumstances.
Building an aggressive defense
With the right lawyer, an aggressive and effective legal defense to a California drug charge is possible. An experienced attorney can thoroughly analyze your case and determine the most effective strategy to challenge the charges against you.
Whether the charge is possession, sales, or another allegation involving methamphetamine, cocaine, heroin, marijuana, PCP, or another controlled substance, the evidence should be thoroughly reviewed and challenged where appropriate.
Consequences and strategy
A drug conviction can carry harsh punishment, including fines, asset forfeiture, registration requirements, jail, or prison. Some drug cases should be taken to trial, while others may be favorably resolved through negotiation or alternative sentencing. The right strategy depends on the facts of the case.
Alternative sentencing regarding drug charges
Drug offenses are punishable with incarceration, but in some cases it may be possible to obtain alternative sentencing that can help avoid all or part of a jail sentence. An evaluation by a qualified substance-abuse expert may help show the court that the client and society could benefit more from treatment than incarceration.
Three forms of sentence alternatives discussed on the archived page were deferred entry of judgment, Proposition 36, and drug court. Each has its own requirements and merits, and availability depends on the facts and current law.
Deferred entry of judgment
Deferred entry of judgment may provide an alternative outcome in qualifying drug cases. The archived page described a process in which a defendant enters a plea and may later seek to withdraw it after satisfying program requirements.
Proposition 36
The archived page described Proposition 36 as emphasizing treatment rather than incarceration for certain qualifying, lower-level drug cases. Eligibility is case-specific and governed by current law.
Drug court
Drug courts combine treatment and social services with close oversight by a judge and probation to ensure that defendants comply with program requirements.
Published case results
Drug-charge case results
The published results archive currently includes 29 matters that match this practice area or its published case terminology.
| Case # | Charge / allegation | Maximum exposure | Published result |
|---|---|---|---|
| BF180933A | HS 11378 Possess Controlled Substance for Sale, PC Manufacture/ Sale/ Possess/ Etc Large Capacity Magazine, HS 11359(B), PC unlawful assembly of firearm | 3 Years Prison | 1 year misdemeanor probation and 90 days work release |
| BF180261B | HS 11366 Keep Place to Sell/Etc Controlled Substance, HS 11359(B)>MISD, MC 17.08.050 Operate Medical Marijuana Dispensary Within Zone District | 3 Years Prison | Misdemeanor Credit Time Served and Fine with 1 year summary probation |
| BM917877A | PC 21810 Possess/Manufacture/Sell Dangerous Weapon:Metal Knuckles, HS11359(B)>MISD, MC 17.08.050 Operate Medical Marijuana Dispensary within Zone District | Not listed | Case dismissed |
| BF171749A | PC 29800(A)(1) Possession of Firearm by a Felon, PC 30305(A)(1) Possess Ammunition Persons Prohibted Owning/ Firearm, PC29805 10-year firearm prohibition, HS 11358C Plant More than 6 Marijuana Plants | 4 Year Max | Credit Time Served, Felony Probation |
| BM938551A | HS 11358© Plant More Than 6 Marijuana Plants, HS 11359(B)>MISD | Not listed | Case dismissed |
| BF176935A | HS 11370.1(A) Poss Controlled Substance While Armed W/Loaded Firearm, PC 25850C(6) Carry Loaded Firearm wihtout registration | Not listed | Case Dismissed= 1538.5 Motion |
| BF157704A | HS 11378 POSSESS CONTROLLED SUBSTANCE FOR SALE, PC 647.6(A)(1) ANNOY/ETC CHILD UNDER 18 | 4 years prison | CASE DISMISSED |
| Deshawn R. | Possession for Sales Cocaine/ gang (11351; 186.22) | 8 years prison | CASE DISMISSED |
| BF166314A, BV007013A | Possession of Cocaine for Sale 3 Prior Strikes (HS 11351.5) | 50-Life | 8 years (2 prior Strikes Dismissed} |
| TM072300A | VC 12500(A) DRIVE W/O LICENSE, HS 11357(B) (USE HS11357(B)>INF EFF. 2011) POSS MARIJ 28.5 GRAMS OR LESS, VC 16028(A) NO INSURANCE (CHARGE MAY BE DISMISSED IF PROOF SHOWN TO COURT), PC 853.7 FAIL TO APPEAR AFTER WRITTEN PROMISE | 1 year jail | Case Dimissed |
| BF166940A | PC 273A(A)>2012 WILLFUL CRUELTY TO CHILD (NEW EFFECT. 4/12), HS 11377(A)>MISD POSSESS CONTROLLED SUBSTANCE, HS 11364 POSSESS CONTROLLED SUBSTANCE PARAPHERNALIA, HS 11550(A) USE/UNDER INFLUENCE CONTROLLED SUBSTANCE | 6 Years Prison | Reduced to misdemeanor, felony charges dismissed |
| BF163696B | VC 10851 take vehicle w/o owner’s consent, PC 496D(A) Possess Stolen Vehicle, HS 11364 Possess Controlled Substance | 3 years prison | Felony= Dismissed Plead to misdemeanor for Credit Time Served |
| BF162884C | Transport controlled substance; possess controlled substance for sale | 4 Years Prison | 1 Year Jail; Probation |
| BF167724A | PC 452(B) CAUSE BURNING OF INHABITED DWELLING/PROPERTY, PC452(A) CAUSING FIRE THAT CAUSES GREAT BODILY INJURY, HS MANUFACTURE/ETC CONTROLLED SUBSTANCE, WHILE ARMED | 14 YEARS PRISON | 1 Year Jail, Probation |
| BF169166B | PC 288(C)(1)>2012 LEWD/LASCIVIOUS ACT W/CHILD 14/15: DEFENDANT 10 YRS OLDER, PC 311.11(A) POSSESSION OF MATTER DEPICTING MINOR ENGAGED IN SEXUAL CONDUCT, HS 11361(B) FURNISH/ ETC MINOR WITH MARIJUANA | 4 Years Prison | 9 months jail, probation |
| BF170278A | HS 11370.1(A) POSS CONTROLLED SUBSTANCE WHILE ARMED W/LOADED FIREARM, HS 11378 POSSESS CONTROLLED SUBSTANCE FOR SALE, HS 11379.6(A) MANUFACTURE/ETC CONTROLLED SUBSTANCE | 9 Years Prison | Probation & Work Release |
| BF168077A | VC 10851(A) Take Vehicle w/o Owner's Consent PC 496D(A) Possess Stolen Vehicle/Vessel/Etc HS 11377(A)>MISD Possess Controlled Substance HS 11364 Possess Controlled Substance Paraphernalia PC 32 Accessory | 3 Years 8 Months | Misdemeanor: Credit Time Served |
| BF171853A | PC 496D(A) Possess Stolen Vehicle/Vessel/Etc PC 466 Possess/Etc Burglary Tools HS11364 Possess Controlled Substance Paraphernalia | 1 YEAR IN JAIL | Misdemeanor: Work Release/Probation |
| MM090453B | HS 11359(B)>MISD Possess Marijuana For Sale VC 14601.1(A) Drive While License Suspended/Revoked | 1 Year Jail | CASE DISMISSED |
| BF108262A | HS 11350(A) HS 11364 Possess Controlled Substance Paraphernalia HS 11377(A) | 1 Year Jail | CASE DISMISSED |
| DM091942A | PC 148(A)(1) Obstruct/Resist/Etc Public/Peace Officer/Emergency Med Te HS 11364 Possess Controlled Substance Paraphernalia PC 853.7 Fail to Appear After Written Promise | 3 Years Jail | CASE DISMISSED |
| SF019074A | HS 11351 Possess/Purchase For Sale Narcotic/Controlled Substance HS 11378 Possess Controlled Substance For Sale HS 11352(A) Transport/Sell Narcotic/Controlled Substance HS 11379(A) Transport/Etc Controlled Substance | 4 YEAR MAX | CASE DISMISSED |
| DF013636A | HS 1360(A)(3)(C)>FEL SELL/FURNISH/ETC. ANY MARIJUANA | 3 YEARS | REDUCED TO MISDEMEANOR & CONDITIONAL DISMISSAL |
| BF176445A | HS 11351 POSSES/PURCHASE NARCOTIC/CONTROLLED SUBSTANCE; HS 11352 TRANSPORT/SELL NARCOTIC CONTROLLED SUBSTANCE | 4 YEARS | MISDEMEANOR, PROBATION |
| BF1767076A | COCAINE BASE FOR SALE 11352(A); 11351.5 ; 11379(A) ; 11378 | 4 YEARS PRISON | Probation Credit Time Served |
| BF177219A | 664/460(A) ATTEMPTED BURGLARY: FIRST DEGREE; 664/460(A) ATTEMPTED BURGLARY: FIRST DEGREE; 11350(A)>MISD POSSESS NARCOTIC CONTROLLED SUBSTABNCE | 4 YEARS IN PRISON | CASE DISMISSED |
| BF177404A | PC30305(A)(1) POSSES AMMUNITIONS PERSONS PROHIBITED OWNING/POSSESS FIREARM; HS11377(a)>MISD POSSES CONTROLLED SUBSTANCE; HS11364 POSSESS CONTROLLED SUBSTANCE PARAPHERNALIA | 3 YEARS IN PRISON | MISDEMEANOR |
| BM945620A | HS 11350(A) POSSESS NARCOTIC CONTROLLED SUBSTANCE | 1 YEAR JAIL | CASE DISMISSED |
| SM124935A | HS 11364 POSSESS CONTROLLED SUBSTANCE PARAPHANELIA | 180 Days | Case Dismissed |
Past results do not guarantee or predict a similar outcome. Charges, evidence, exposure, defenses, and available resolutions vary from case to case.
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Early intervention and vigorous preparation are crucial.
The Law Offices of Mark Anthony Raimondo are available 24/7 at 661-827-8000.