Drug Crimes Attorneys
Do You Need a Drug Crimes Attorney?
Drug crimes are serious offenses in California. A possible jail sentence and a criminal record may only be the beginning of your troubles. A drug crime conviction can have a negative impact on your employment, finances and personal life. Therefore, it is important to have an experienced drug attorney who will fight for you.
At Wallin and Klarich, our drug defense attorneys have over 40 years of experience in successfully defending those charged with drug crimes. With offices all throughout Southern California, our drug lawyers are familiar with the judges and procedures in each court.
Call us today at (877) 466-5245 to receive expert legal advice about your case. Be sure to read on to learn more about drug laws so that you can be fully informed about your charges.
Why Hire Wallin & Klarich?
The success of our drug crimes defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
For over 40 years, the drug lawyers at Wallin & Klarich have helped many people like you who have been charged with various drug crimes. Here are just a few testimonials provided by some of our previous clients who wanted to share their stories:
“A simple ‘thank you’ can’t possibly express how much I appreciate your hard work, professionalism, and unwavering dedication to my case. I was accused of felony drug possession and driving while on a suspended license. I knew the district attorney was pushing for 3 years in state prison because of the seriousness of the offenses combined with my prior criminal record. You explained to me my rights and protections under the constitution and how the Fourth Amendment applied to my case. The motion you drafted to suppress evidence was powerful and explicitly written. The judge and district attorney must have agreed with your arguments because BOTH CHARGES WERE DISMISSED. Words cannot express the appreciation and relief I felt as I freely walked out of the courthouse with my Mom and kids. This is all thanks to my Wallin & Klarich attorney’s dedication and knowledge of the law pertaining to my case. I highly recommend the legal services of Wallin & Klarich to anyone who wants an attorney to stand by his or her side every step of the way to arduously fight to protect his or her rights and freedom.”
-RJ
“When we needed a law firm to assist our daughter who was facing a serious drug offense, we didn’t know where to turn. Wallin & Klarich provided the professional legal representation and extraordinary guidance that helped my daughter overcome this challenge. I want to take time to thank all the staff at Wallin & Klarich Law Firm for your incredible support and consistent assistance during this very difficult time. Good to know that our family can rely on your group of professionals, whose resources are diligently dispensed in a timely manner. Thank you for successfully resolving my daughter’s case and for providing exceptional legal support. You have done an excellent job, and I highly recommend your services to anyone going through what our family went through.”
-J.C.
“I was accused of a misdemeanor because of the unauthorized possession of a syringe that contained Methamphetamine. Due to my prior convictions, which caused me to go to State Prison, I was ineligible for any drug programs. I was facing about 90 days or more of jail time. The attorneys of Wallin & Klarich moved aggressively and filed a motion to suppress evidence because the search that led the police to find the syringe was illegal. On the day the matter was set for hearing on the motion. After the district attorney examined my attorney’s arguments, he decided to dismiss the case. I paid only $50.00 in costs without even going to a hearing! I am truly grateful for the attorneys of Wallin & Klarich. Without their expert advice and guidance, I could have been incarcerated and placed on 3 years of probation. I would recommend them highly to anyone facing a similar situation or any criminal charge.”
-J.H.
Call Wallin & Klarich Today
You can place your trust in Wallin & Klarich. Our knowledgeable California drug lawyers are committed to defending your rights and your freedom. Call us today for immediate help on your drug-related case.
For more information on drug laws, read below or simply pick up the phone and speak to one of our skilled drug attorneys today.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.
Types of Drug Crimes
With the recent passing of Proposition 47 in California, simple drug possession can now only be charged as an infraction, or misdemeanor depending on the type and amount of drugs that you possess. When possession is tied with the sale or cultivation of drugs or other criminal intentions (possession with intent to distribute), the penalties are much harsher and are categorized as felony drug crimes.
Fore more information about various drug-related crimes, visit the following pages:
- Possession of a Controlled Substance –HS 11350
- Possession of Cocaine and Heroin – HS 11351
- Transportation for Sale of a Controlled Substance – HS 11352
- Possession of Marijuana – HS 11357
- Possession of Drug Paraphernalia – HS 11364
- Ketamine Drug Crimes
- Adderall Drug Crimes
- Ecstasy Drug Crimes – HS 11377
- GHB Drug Crimes
- Hydrocone Drug Crimes
- Meth Labs & Methamphetamine Manufacturing
- PCP Drug Crimes
- Possession of Methamphetamine – HS 11377(a)
Nonviolent drug offenders may be eligible for drug diversion programs as an alternative to jail time in the state of California under Penal Code 1000.
Possession of a Controlled Substance – HS 11350
Possession of controlled substances is regulated under California Health and Safety Code Section 113501, which makes it illegal to possess a controlled substance without a valid prescription. The list of controlled substances pursuant to HS 11350 includes, but is not limited to, opiates, heroin, cocaine, and prescription drugs.
To be convicted of a possession of a controlled substance charge under Health and Safety Code Section 11350, the prosecution must prove that:
- You unlawfully possessed a controlled substance;
- You knew of its presence;
- You knew of the substance’s nature or character as a controlled substance; and
- There was a useable amount of the controlled substance.
Under California Health and Safety Code Section 11350, possession of a controlled substance is a misdemeanor drug crime punishable by up to one year in county jail.
You can learn more about California’s controlled substance laws here. (https://www.wklaw.com/possession-of-cocaine-heroin-intent-to-sell/).
Possession of Cocaine and Heroin with Intent to Sell – HS 11351
Under California Health and Safety Code Section 11351, it is a felony to possess certain controlled substances such as cocaine and heroin with intent to sell them.
To be convicted of possession of cocaine or heroin with intent to sell under California Health and Safety Code Section 113512, the prosecution must prove that:
- You unlawfully possessed cocaine or heroin;
- You knew that you were in possession of cocaine or heroin;
- You knew of its nature as a controlled substance;
- You possessed enough of it to sell for use as a controlled substance; and
- You possessed cocaine or heroin with the specific intent to sell it.
There is a significant difference between simple possession of cocaine or heroin and possession of cocaine or heroin with intent to sell. If you are prosecuted and convicted of this offense, you are not legally eligible for any drug diversion program. However, an experienced criminal defense attorney may be able to convince the prosecution and the court to reduce the charge to simple possession. If that effort is successful, then you could be eligible for drug diversion. Successful completion of a drug diversion program can lead to a dismissal of all charges and no criminal record.
However, if you are found guilty of possession of cocaine or heroin with intent to sell under California Health and Safety Code Section 11351, you face up to four years in county jail and a $20,000 fine. You face up to five years in county jail and a $20,000 fine if you were convicted of possession of cocaine base (crack cocaine) with intent to sell under California Health and Safety Code Section 11351.5.
You can learn more about California’s cocaine and heroin drug crime laws here. (https://www.wklaw.com/possession-of-cocaine-heroin-intent-to-sell).
Transportation for Sale of a Controlled Substance – HS 11352
Transportation for sale of a controlled substance is regulated under California Health and Safety Code Section 113523, which makes it illegal to sell, furnish, administer, give away or transport a controlled substance in the state of California.
To be convicted of a transportation of a controlled substance charge under Health and Safety Code Section 11352, the prosecution must prove that:
- You sold, furnished, administered, gave away, transported or imported a controlled substance into California;
- You knew of its presence;
- You knew of the substance’s nature or character as a controlled substance; and
- The controlled substance was in a usable amount.
Under Health and Safety Code Section 11352, the transportation for sale of a controlled substance is a felony punishable by three, four, or five years in state prison and a maximum fine of $20,000. The punishment can increase dramatically if:
- You transported the controlled substance across two county lines;
- You knowingly operated a business engaged in dispensing or furnishing a controlled substance; or
- The controlled substance was heroin.
You can learn more about California’s drug crimes regarding transportation for sale laws here. (https://www.wklaw.com/transfer-sale-controlled-substance-overview.html)
Possession of Marijuana – HS 11357
Possession of marijuana is a drug crime regulated under California Health and Safety Code Section 113574. Under Health and Safety Code Section 11357, possession of 28.5 grams or less of marijuana is an infraction that is punishable by a fine of up to $100. However, possession of more than 28.5 grams of marijuana can result in a misdemeanor conviction punishable by up to six months in county jail and a $500 fine.
If the prosecution can prove that there was also intent to sell the marijuana, this can result in a felony conviction punishable by up to three years in county jail under Health and Safety Code Section 11359.
You can learn more about California’s marijuana laws here. (https://www.wklaw.com/possession-of-marijuana-overview.html)
Possession of Drug Paraphernalia – HS 11364
Under California Health and Safety Code Section 113645, it is illegal to possess any device, instrument or paraphernalia used for unlawfully injecting or smoking a controlled substance.
The term “paraphernalia” refers to any object or device used to inhale, smoke, ingest, inject, or consume a controlled substance. Items such as pipes or spoons can be considered paraphernalia if they are used for illegal drug use.
To be convicted of possession of drug paraphernalia under California Health and Safety Code Section 11364, the prosecution must prove that:
- You were in unlawful possession of an object used for unlawfully injecting or smoking a controlled substance;
- You knew of the object’s presence; and
- You knew the object was to be used for unlawfully injecting or smoking a controlled substance.
Possession of drug paraphernalia under California Health and Safety Code Section 11364 is a misdemeanor punishable by up to one year in county jail and a $1,000 fine.
You can learn more about California’s drug paraphernalia laws here. (https://www.wklaw.com/possession-drug-paraphernalia-overview.html)
Possession of Methamphetamine – HS 11377(a)
Possession of methamphetamine is regulated under California Health and Safety Code Section 11377(a)6. To be convicted of a possession of methamphetamine charge under Health and Safety Code Section 11377(a), the prosecution must prove:
- You unlawfully possessed a controlled substance;
- You knew of its presence;
- You knew of the substance’s nature or character as a controlled substance; and
- The controlled substance was methamphetamine and the controlled substance was in a usable amount.
Under California Health and Safety Code Section 11377, the possession of methamphetamine is a misdemeanor drug crime. A misdemeanor possession of meth conviction can result in up to a year in county jail and a $1,000 fine.
You can learn more about California’s meth laws here. (https://www.wklaw.com/possession-methamphetamines-overview.html)
Drug Diversion Programs – PC 1000
Under California Penal Code Section 10007, nonviolent, first-time drug offenders charged with simple possession may be eligible for drug diversion programs as an alternative to jail time.
Under a Deferred Entry of Judgment, a defendant pleads guilty to a simple drug possession charge. However, drug crimes sentencing will be delayed pending the defendant’s completion of an 18- month drug treatment program. If the treatment program is successfully completed, the charge is dismissed. If the defendant fails to complete the program, the defendant will be sentenced on the drug possession charge and face a lengthy jail sentence.
You can learn more about California’s drug diversion programs here: (https://www.wklaw.com/deferred-entry-of-judgement-pc1000.html)
Call Wallin & Klarich Today
If you or a loved one is facing prosecution of a drug crime, it is critical that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 40 years of experience in handling drug charges in Southern California. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you are located.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
All of the information provided on this page was retrieved from the following sources:
1. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11350-11356.5↩
2. http://law.onecle.com/california/health/11351.html↩
3. http://law.onecle.com/california/health/11352.html↩
4. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11357-11362.9↩
5. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11364-11376.5↩
6. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=hsc&group=11001-12000&file=11377-11382.5↩
7. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=1000-1000.6↩
