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.