East Bay: 510-999-5879
North Bay: 415-857-1733
Greater East Bay: 925-490-1733
Peninsula: 650-318-1733
South Bay: 408-833-4348

DRUG OFFENSES

Simple drug crimes are easy for the state to prosecute. The state has to prove a simple set of elements and as a result, punishments vary from seemingly un-severe to severe. More serious drug and drug sale crimes are harder to prosecute simply because it is plainly difficult for the police to conduct a lawful arrest. This is true for a number of reasons. First, organized drug production and sale processes are organized. Second, police often improperly collect evidence during the course of their investigation.

As a result, we will conduct a thorough analysis of California and Federal search and seizure rules. We will analyze the means by which the arrest or “sting” operation was set up and executed. Moreover, if a search warrant or arrest warrant was issued, we will analyze the facts upon which the warrant was issued and challenge the legitimacy of it.

Finally, our investigation will complete by determining whether the facts the police gathered are supported by substantive evidence.

Our criminal defense practice focuses on drug crimes below.

California laws prohibit the possession of enumerated controlled substances without a valid prescription. Controlled substances are drugs or chemicals whose manufacture, possession, and use are regulated by the federal government under the United States Controlled Substances Act.

Some of the specific controlled substances are derivatives or actually the following:

  • 1. Cocaine and cocaine base,
  • 2. Heroin,
  • 3. Peyote,
  • 4. Opiates or derivates thereof,
  • 5. Hallucinogenic substances, and
  • 6. Gamma hydroxybutyric acid (GHB) – commonly referred to as the “Date Rape” drug.

As mentioned above, even if you possess a drug that you do not have a valid prescription for, you can be charged with Possession of a Controlled substance for possession of the following drugs:

  • 1. Codeine, and
  • 2. Hydrocodone.

California's Possession for Sale of Narcotics law prohibits simple possession of narcotics. The police will infer your intent to sell narcotics if one or more of the following facts are apparent:

  • 1. If you possess large quantities of a narcotic, more than what an average user would posses,
  • 2. If you have scales or other quantity measuring devices,
  • 3. If you have drug packaging materials, including but limited too baggies, spindles, and other packaging materials,
  • 4. If you have large amounts of cash, and/or
  • 5. If you have high foot traffic in and out of your present location.

California's Sale or Transportation of a Controlled Substance law makes it illegal to engage in the following conduct:

  • 1. Transporting or moving a controlled substance from one place to another,
  • 2. Carrying/importing into California, a controlled substance, from another location outside of California,
  • 3. Selling a controlled substance,
  • 4. Furnishing a controlled substance (either by selling or through other means),
  • 5. Administering drugs to another person, or
  • 6. Giving drugs away to someone.

California's Using and/or Being under the Influence of Control Substance laws makes it illegal to be under the influence of these prescription and illegal drugs:

  • 1. Stimulants,
  • 2. Depressants,
  • 3. Hallucinogens, and
  • 4. Opiates.

California's laws relating to marijuana make it illegal to possess, sell and cultivate marijuana. Possession of up to one ounce or less is a misdemeanor and up to a one hundred ($100.00) dollar fine or both. Possession of more than once ounce, on the other hand, is punishable up to six months in county jail and a fine of up to five hundred ($500.00) dollars.

California's laws relating to the cultivation of marijuana make it a felony to cultivate marijuana. Those who possess marijuana for sale are also subject to being charged with a felony, regardless of the amount that is sold.

Attorney Profile

Daniel Vaswani

Daniel is a business, criminal, and social security benefits lawyer dedicated to assisting his client's achieve their goals, mitigating risks and consequences, and defending their rights. His diverse practice is a result of broad experiences as a lawyer and before obtaining his law degree.

Daniel.Vaswani@RedMetric.com

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