Riverside Drug Crime Attorney

Building a Strong Defense for State or Federal Charges

While California drug laws have been liberalized in recent years, there are still severe penalties for drug offenses in the state that go beyond just possession. If you have been charged with a drug offense, you need the immediate help of a drug crime attorney in Riverside from DeLimon Law.

Charged with a drug offense in Riverside? Call DeLimon Law today at (951) 777-9104 or contact us online for immediate legal guidance and a powerful defense strategy!

Understanding the Legal Landscape in Riverside

Riverside, CA, is known for its robust implementation of drug laws, as local law enforcement agencies work diligently to curb drug-related crimes in the area. The Riverside County Superior Court system handles many drug crime cases annually, reflecting the region's proactive stance on drug offenses. Defendants can expect rigorous enforcement and need to navigate a complex legal environment that demands a well-prepared defense strategy. At DeLimon Law, we have extensive experience working within Riverside's legal framework, providing our clients with informed guidance and strategic defense approaches tailored to local court procedures and practices.

The Schedules of Drugs in California Impact Sentences

In California, two primary categories of narcotics are divided into five schedules based on DEA guidelines. The potential punishment for a drug offense depends on the schedule. The schedules are arranged in descending order, with Schedule I drugs being the ones with the highest potential for addiction.

The first two schedules are drugs that are always illegal. These include:

• Cocaine
• Heroin
• Meth
• Other opiates
• Morphine

Understanding these classifications helps in assessing the seriousness of charges and potential penalties one might face. Individuals charged with possessing or distributing drugs in these schedules require robust defense strategies due to the severe legal consequences involved.

The second category of drugs involves controlled substances. In California, this is defined as “a narcotic drug… except when administered by or under the direction of a person licensed by the state to dispense, prescribe, or administer controlled substances.” This can include:

• Anabolic steroids
• Many prescription drugs
• Codeine

These substances are strictly regulated, and possessing them without proper documentation can result in criminal charges. Therefore, defendants must provide valid medical prescriptions or documented evidence of legal acquisition to mitigate potential consequences.

Possession Is Still a Crime with Consequences

While Proposition 47 changed the law to lessen the penalties for possession of drugs, there are still punishments that can have profound effects on the defendant’s life in both the short and long run. Specifically, Proposition 47 reclassified possession as a misdemeanor in an attempt to reform the system and eliminate some of the harsh penalties previously imposed.

Nonetheless, possession of drugs can still be punished with up to a year in prison. Further, the collateral effects of a drug conviction could cause severe disruption in your life. For example:

• You now have a criminal record, which can impact you in the future on background checks and job applications.
• You stand to lose financial assistance if you are in college and receiving aid at the time of your conviction.
• Drug convictions can harm your legal position in a custody case.
• A conviction could also result in deportation from the U.S.

To convict you of possession, the prosecutor must show that you intended to possess the drug. Further, drug crimes rely heavily on evidence. Otherwise, the prosecution has little with which to prove that you not only possessed the drugs but had the intent to do so.

A Riverside drug offenses attorney would examine the evidence against you and the prosecutor’s case and advise you of the best legal path forward. If you and your lawyer decide not to fight the charges, your attorney may be able to negotiate with the prosecutor to get you into a drug diversion program.

Distribution or Intent to Distribute Increases Penalties

The penalties are much steeper if law enforcement charges you with possession with the intent to distribute. This charge covers all drugs on the Schedules. These convictions can carry a sentence of up to four years in prison and a fine of up to $20,000. Here, a defendant would need to possess drugs that they knew were present with the intent to sell them to someone else. This is a crime that requires a showing of intent.

Actual drug transactions involving certain narcotics on the Schedules are charged the most harshly under California law: California Health & Safety Code 11352. This statute covers:

• Transporting drugs for sale
• Offering drugs for sale
• The actual sale of drugs

Jail time under this statute can range from three to nine years. The most significant penalties come when a defendant transports narcotics across county lines for sale. Convictions are felonies and count as a strike under California’s “Three Strikes” rule. Additionally, there may be possible federal charges if the alleged crimes are more severe. The larger the narcotics operation, the more likely it is to result in federal charges.

These charges carry lifelong implications, extending beyond jail time, including the loss of professional licenses and difficulty in securing employment. Being aware of such dire consequences makes it essential for defendants to seek competent legal guidance promptly.

How you can move on from a drug charge depends on the alleged crime you are facing. In the best-case scenario, your lawyer can help you either:

• Successfully fight the drug charges against you
• Negotiate with the prosecutor for a lesser drug offense

Can a Drug Charge Be Expunged from My Record?

Drug charges can potentially be expunged from your record under certain circumstances in California. Expungement is often available for misdemeanor and certain felony convictions, provided specific criteria are met, such as completing probation successfully and not serving time in state prison. Having a charge expunged can significantly improve your future opportunities by removing the conviction from your formal legal record. Our team can evaluate your case to determine if you qualify for expungement and guide you through the application process to help clear your record.

Defenses Against Drug Offense Charges

Defenses may include:

• Illegal Search and Seizure: The Fourth Amendment safeguards individuals from unreasonable searches and seizures. If law enforcement officers search without a valid warrant or probable cause, any evidence obtained during that search may be inadmissible in court. Challenging the legality of the search can sometimes result in the dismissal of the charges.
• Lack of Possession: In some cases, it may be possible to argue that the drugs found were not in your possession. For instance, if the drugs were discovered in a shared space, such as a vehicle or a home you share with others, it might be difficult for the prosecution to prove that the drugs belonged to you.
• Entrapment: Entrapment often occurs when law enforcement officers induce a person to commit a crime they would not have otherwise committed. If you were coerced or persuaded by law enforcement into committing a drug offense, you might have a valid entrapment defense.
• Insufficient Evidence: The prosecution must prove every element of the crime beyond a reasonable doubt. If there is insufficient evidence linking you to the drug offense, your charges may be reduced or dismissed.
• Mistaken Identity: Drug offenses often involve multiple suspects. If you were mistakenly identified as being involved in a drug crime, this could be a crucial defense. Witness misidentification or a lack of forensic evidence could be used to cast doubt on the prosecution's case.
• Medical Necessity: In cases involving marijuana, a valid medical prescription or a state-issued medical marijuana card could serve as a defense against possession charges. However, this defense is specific to California's medical marijuana laws and may not apply to other controlled substances.

Effectively utilizing these defenses requires a thorough understanding of legal knowledge and the ability to present complex arguments clearly, underscoring the importance of skilled legal representation.

Understanding Your Rights in Drug Offense Cases

Being charged with a drug offense can be a daunting experience, but it’s crucial to understand your rights throughout the legal process. At DeLimon Law, we believe that informed clients are empowered clients. Our experienced attorneys are dedicated to ensuring that you understand what to expect, your rights, and how we can protect them.

Here are some key rights you should be aware of when facing drug charges:

• The Right to Remain Silent: You have the right to refrain from answering questions from law enforcement, which can prevent self-incrimination.
• The Right to Legal Representation: You have the right to an attorney who can advocate on your behalf and guide you through the complexities of the legal system.
• The Right to a Fair Trial: You are entitled to a trial by jury, where the prosecution must prove your guilt beyond a reasonable doubt.
• The Right to Challenge Evidence: You can contest the admissibility of evidence obtained through unlawful searches or seizures.

Understanding these rights is the first step in building a strong defense. Our team at DeLimon Law is here to help you navigate your case with confidence and clarity. Contact us today to schedule a consultation and discover how we can help you safeguard your rights and achieve the best possible outcome.

Contact Our Riverside Drug Offenses Attorney Today

If you are facing drug charges, it is best to have an attorney on your side as soon as possible, especially as prosecutors begin to build a case against you. Defendants have legal rights regarding matters such as searches, evidence, and interactions with law enforcement. Your attorney will help protect these rights. Daniel DeLimon is an experienced attorney and former prosecutor dedicated to protecting his clients’ legal rights. 

Don’t face drug charges alone. Your future is on the line. Speak with a trusted drug crime lawyer in Riverside now to protect your rights and pursue the best possible outcome! 

Frequently Asked Questions

What Should I Do If I Am Arrested for a Drug Crime in Riverside?

If you are arrested for a drug crime in Riverside, it is crucial to remain calm and remember your rights. The first step is to refrain from speaking to law enforcement officers without the presence of legal counsel. Anything you say can be used against you in court, so it’s best to exercise your right to remain silent. Immediately request to speak with a qualified drug lawyer in Riverside to discuss your case. They can help you understand the charges you are facing and assist in developing a strategic defense plan. At DeLimon Law, we are well-versed in local procedures and can effectively navigate the Riverside County court system on your behalf.

What Are the Penalties for First-Time Drug Offenders?

First-time drug offenders in Riverside can face a range of penalties depending on the severity of the charge and the specific substance involved. Generally, first-time offenders may be eligible for probation, drug treatment programs, or diversion programs instead of jail time, especially for lesser offenses such as simple possession. However, distribution-related offenses can carry more severe penalties, including incarceration and fines. An experienced drug crime attorney can advocate for alternative sentencing options that focus on rehabilitation rather than punishment.