San Jose Drug Charges Lawyer
The War On Drugs never ended in California. Despite media stories to the contrary, the state is not remotely close to decriminalizing drugs. Instead, the state tightly controls the distribution of more than 100 substances, and you can face years behind bars for a simple mistake or for an addiction which you can’t control.
Contact Knight Law. Were you picked up with cocaine, meth, heroin, or even a prescription drug without a prescription? If so, you need a zealous legal advocate in your corner. You can schedule a free consultation with our San Jose drug offenses lawyer.
California Drug Crimes
Drug crimes in the Golden State are part of the Health and Safety Code and include:
- Manufacture of a controlled substance
- Possession of a controlled substance
- Possession for sale of a controlled substance
- Sale or transportation of a controlled substance
- Drug trafficking
- Possession of drug paraphernalia
What Are the Penalties You Face?
There are many factors which go into determining the possible sentence. The type of drug crime is one of the most significant.
For example, if you are caught with cocaine for simple possession, you face a maximum one-year sentence and can probably get the charge dismissed by completing a diversion program.
However, if you are charged with possession for sale, then the sentence for conviction is 2, 3, or 4 years for cocaine, and 3, 4, or 5 for cocaine base.
Fentanyl-laced drug possession, sale, transfer or distribution is very commonly charged. If you are charged with drug sales that include fentanyl, you may also be charged with attempted murder. Let us review. The drug laws are complex, and you shouldn’t guess at the penalties you are facing.
Will You Go to Jail if Convicted?
It’s possible. However, we can seek a better resolution than time behind bars.
For example, most simple possession drug cases are dismissed if the defendant completes a drug diversion program or a treatment plan in “drug court.” After charges are dismissed, the state clears your record, which means you won’t have an embarrassing conviction following you around.
Other drug charges are harder to resolve outside of criminal court. Call our office.
Defending Drug Charges
We can attack the evidence using different arguments and strategies:
- Suppressing the use of illegally seized evidence. The police might have lacked a search warrant or probable cause to search your person or vehicle. We can ask a judge to suppress this evidence.
- Lack of possession. You aren’t possessing a drug if it’s on a table and could belong to any number of different people.
- Lack of knowledge. You might have borrowed someone’s jacket or car which contained drugs. You certainly did not commit a crime if you didn’t know the drugs were there.
- Mistaken identity. Someone else could have sold or manufactured drugs, not you.
- Reasonable doubt. You deserve an acquittal if the state can’t prove even a single element of the offense beyond a reasonable doubt.
- Entrapment. We can raise an entrapment defense if the police induce you to commit a crime you otherwise would not have committed.
- Sales indicia. Sometimes the evidence that the prosecution is using to argue for sales is not enough. It may not enough for example to have a digital scale in your possession. Looking at the facts of the alleged drug sales is critical for the best defense possible in your case.
Proven Results
Call Knight Law for a free consultation. We have helped countless criminal defendants in San Jose.
