If you’ve been charged with a drug crime in Newport Beach, it is understandable if you are feeling tremendous stress. You’re facing serious challenges, including the risk of jail or prison time, hefty fines, and a criminal record that can impact your future.
Even minor drug charges can have long-term consequences, especially if not handled properly. Our Newport Beach drug crimes lawyers can protect your rights, make sure you are treated fairly by the legal system, and look for ways to mitigate or eliminate your charges.
Our Newport Beach criminal defense lawyers at Simmrin Law Group have helped thousands of clients who were charged with criminal activity in California. Call today for your free and confidential case evaluation and tell us about your charges.
How Can an Attorney Help With a Drug Crime Case?
It is never a good idea to handle something as serious as a drug charge on your own. California is tough on drug offenses, and courts may not be willing to show leniency. Don’t take chances when so much is on the line.
Our Newport Beach drug crimes attorneys will defend your rights, explore every legal defense, guide you through a complex legal system, and work for the best possible outcome. Some of the things we can do to help include:
- Evaluate Your Charges: We’ll analyze all evidence, police reports, and witness accounts to look for weaknesses in the prosecution’s case and develop an effective defense strategy.
- Protect Your Constitutional Rights: Throughout our investigation, we’ll make sure your rights weren’t violated during the arrest or search. If so, we will file a motion to suppress illegally obtained evidence.
- Negotiate Plea Deals or Reduced Charges: Our attorneys will work with prosecutors to reduce your charges or penalties, and push for misdemeanors or drug diversion instead of jail time.
- Represent You in Court: We’ll stand beside you in court, argue your case, challenge prosecution evidence, and defend you during hearings, motions, or trial.
- Advocate for Alternative Sentencing: Where possible, we’ll push for drug treatment, rehab, or probation instead of jail.
For a free legal consultation with a drug crimes lawyer serving Newport Beach, call (310) 896-2723
Potential Drug Crime Defenses
The correct defense for your charge depends heavily on the facts of the case, such as arrest circumstances, type of drug, quantity, and your criminal history. Our drug crimes lawyers in Newport Beach will assess which strategy applies best. Some we may consider include:
- Unlawful Search and Seizure: Evidence obtained without a proper warrant or probable cause can be excluded, potentially leading to dismissal of the drug charges.
- Lack of Possession: You didn’t knowingly have control over the drugs, so the prosecution can’t prove actual or constructive possession beyond a reasonable doubt.
- No Intent to Sell: The drugs were for personal use, not for sale, which may reduce felony charges and qualify you for treatment instead of jail.
- Legal Possession: You had a valid prescription from a doctor for the controlled substance, making your possession legal under California law.
- Entrapment: You were coerced or pressured by law enforcement into committing a drug crime you would not have done voluntarily.
Newport Beach Drug Crimes Lawyer Near Me (310) 896-2723
Are Drug Crimes Federal or State?
Drug crimes can be prosecuted at both the state and federal levels, depending on the circumstances. Most drug offenses, like possession, sale, or cultivation, are handled under California state law, especially if they involve small quantities or local activity.
Federal drug crimes usually involve large-scale trafficking, interstate or international operations, or occur on federal property. Penalties under federal law are often more severe, with longer prison terms and mandatory minimum sentences.
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Types of Drug Crimes and Possible Penalties
In California, drug crimes are governed primarily by the California Health and Safety Code, and they range from minor infractions to serious felonies. The type and severity of the crime depend on factors like the type of drug, amount, intent, and prior criminal history.
Possession of a Controlled Substance
Possessing illegal drugs like cocaine, heroin, meth, or prescription meds without a valid prescription may be classified as either a misdemeanor or a felony, depending on the substance and quantity. However, first-time offenders often qualify for drug diversion or rehab programs instead of incarceration.
Possession for Sale
Possession for sale of a controlled substance is a felony. Police look for packaging, scales, or large quantities. Punishments include up to four years in jail and hefty fines. Diversion isn’t an option, even for first-time offenders.
Trafficking
Selling, giving away, or transporting illegal drugs is a felony with penalties ranging from three to nine years in prison. Enhanced penalties apply if the crime involves minors or occurs near schools.
Manufacturing a Controlled Substance
Illegally producing drugs like meth or LSD is a serious felony. Punishments include three to seven years in prison, and possibly more if large amounts are involved. Convictions often include asset seizure, high fines, and no eligibility for diversion programs.
Marijuana Offenses
According to current California marijuana laws, recreational marijuana is legal for adults over the age of 21, but possessing more than the legal limit or selling without a license remains illegal. Penalties vary from infractions to felonies, depending on age, amount, and intent.
Drug DUI
Driving under the influence of drugs, whether illegal or prescription, is treated like an alcohol DUI. Penalties include fines, license suspension, DUI school, and possible jail. No blood alcohol level is required; impairment alone can lead to conviction.
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Get Help From Our Newport Beach Drug Crimes Attorneys
Drug crimes in California range from simple possession to trafficking and manufacturing, with penalties from diversion programs to years in prison. If you’ve been charged with a drug crime, you might not fully understand what’s in store for you.
Our Newport Beach drug crimes attorneys can advocate for your rights and help you navigate your ordeal with as little hardship as possible.
Our team at Simmrin Law Group has decades of legal experience defending Californians accused of crimes. Call today for your free consultation and tell us what happened.
Call or text (310) 896-2723 or complete a Free Case Evaluation form