A Marin County Drug Attorney Will Fight For Your Justice 

Drug charges are nothing to mess around with in California. Regardless of whether you are charged with federal crimes or violations of state penal codes or charged with a misdemeanor or felony, convictions will have a negative impact on your future. The best thing you can do if charged with a drug crime is to hire an experienced and tenacious Marin County drug attorney like attorney Josh S. Brownstein. He is a staunch and unyielding advocate for his clients in San Rafael, San Francisco, Marin County, Petaluma, Novato, and throughout the state of California. If you are facing drug charges, put Brownstein Law Group P.C. in your corner.

What Crimes Are Federal Drug Crimes?

Certain situations may result in being charged with a federal drug crime rather than charged by the State of California. Circumstances include a large amount of drugs involved, using the U.S. Postal Service to facilitate drug crimes, and importing, distributing, selling, or moving drugs across state lines. Federal charges may also apply if you buy or sell drugs on federal property or to a federal agent or informant.

Conviction penalties for federal drug crimes tend to be more severe than those under California penal law. For example, California’s Proposition 47 made drug possession a misdemeanor offense; however, you would be charged with a felony under federal law. Likewise, recreational marijuana is permitted under state law but still violates federal law.

What Are Drug Charges in California?

There are three broad categories of drug charges under California law: manufacturing, possession, and distribution. 

Manufacturing

California law prohibits the manufacture of controlled substances. A manufacturing charge is a severe offense. If you have been charged with manufacturing a controlled substance, you should contact a Marin County drug attorney as soon as possible. 

Distribution 

Distribution is what is commonly considered to be drug dealing or the sale of drugs. On a larger scale, it can also be considered drug trafficking if the drugs crossed state lines. However, it is important to note that you can be charged with distribution even if no money changes hands. Like manufacturing charges, this is a very serious offense, especially if you are accused of engaging in drug trafficking. 

Possession

It is illegal to have any controlled substance in your possession. This includes illegal drugs as well as prescription drugs without a valid prescription. Also, possession can be charged in situations where the possession is “actual” as well as situations where the possession is “constructive.” 

• Actual possession is when the drugs are found on your person, such as in your pocket. 
• Constructive possession is when the drugs are found in an area within your immediate control, such as in your house or your car. 

“Simple possession” is arguably the least severe drug charge you can face, but a conviction can still carry serious consequences. Rather than face your charges alone, work with a Marin County drug attorney who can help you get a fair result. 

There are additional distinctions in each category. Manufacturing charges may result from possession of precursors, such as phenylacetic acid or large amounts of pseudoephedrine used in the manufacture of methamphetamine. Furthermore, although you can grow up to six marijuana plants indoors for personal use under California law, you could be charged for growing more.

There are charges for possession of more than 28.5 grams of marijuana and for possession of Schedule I-V controlled substances. There are more serious charges and conviction penalties for possession with intent to sell. Note the word “intent.” You do not need to be caught in the act of selling drugs to be charged with possession with intent to sell. The prosecution merely needs to prove that due to certain circumstances, amounts, or equipment, such as scales or paraphernalia, that you intended to sell drugs.

Distribution charges include the sale or transfer of drugs, or the transfer or import of scheduled substances. There are enhancements to charges if minors are involved in any way. Again, the prosecution can use circumstances, amounts, and equipment as evidence that the drugs were for more than personal use.

What Are Drug Schedules?

Controlled substances are divided into five categories based on certain characteristics, such as acceptable medical use, risk of abuse, and risk of developing a psychological or physical addiction. Schedule I drugs are the most serious and Schedule V drugs are the least serious. For instance, Schedule I substances have no accepted medical use and pose a high risk for abuse. Examples include heroin, ecstasy, LSD, and marijuana. Schedule V substances present a low risk of abuse. Substances that include low amounts of narcotics comprise this category, such as Motofen and Lyrica, and cough medicine with codeine.

What Are the Possible Penalties for Drug Convictions?

The penalties for possession of controlled substances charged as misdemeanors include up to one year in jail, community service, and a fine of up to $1,000. Fines rise with subsequent convictions.

Felony drug charge convictions are punishable by three to nine years in prison, depending on the specific circumstances, such as whether the crime involved a minor or transport of drugs across non-contiguous California county lines. You may also face probation and hefty fines.

Keep in mind that penalties are often affected by the amount of drugs involved, where they are on the drug schedule, and past convictions.

What Are the Possible Defenses Against Drug Charges?

By strategizing possible defenses, your criminal defense attorneys can seek to have your charges reduced or dropped altogether. Possible defenses include evidence that the drugs were, indeed, for personal use, that there was no intent to sell drugs, they were prescribed by a physician, or they were used to treat a medical condition. A skilled lawyer may also challenge the legality of a search and seizure, conduct of law enforcement, entrapment, or the laboratory analysis of certain substances.

A Marin County Drug Attorney Answers Your Frequently Asked Questions

I’ve been charged with a drug crime; what are my options? 

Whether you have been charged with trafficking or possession, you have three basic options: 

1. You can plead guilty. If you plead guilty, you will have a drug conviction on your record. The only thing left to decide is your sentencing. Based on the circumstances of your case, the judge will decide the penalties you have to face, such as how long you will be incarcerated and whether you have to pay fines or other monetary penalties. We strongly recommend not to plead guilty without first discussing your case with a Marin County drug attorney. 
2. You can plead not guilty and go to trial. By pleading not guilty, your case will be set for trial. You are presumed innocent, and the prosecution must, therefore, prove that you committed the crime or crimes you have been charged with. Unfortunately, it can be very difficult for non-lawyers to navigate the criminal justice system and defend themselves at trial.
3. You can accept a plea agreement. This may help you avoid incarceration or reduce other penalties, but you will have to plead guilty to some charge. You can plead not guilty and still accept a plea agreement at a later time. However, no plea agreement will be offered if you plead guilty. As a result, you can set your case for trial and try to use that time as an opportunity to negotiate a plea agreement that is fair. 

An experienced Marin County drug attorney can explain your options and help you find the best way forward toward a fair result. 

What is a “wobbler” offense?

Wobbler offenses are crimes under California law that can be charged as either a felony or a misdemeanor. Basically, only simple possession of certain drugs are wobbler offenses. Possession of hard drugs such as cocaine or heroin would be “non-alternative felony” charges. Similarly, more serious charges such as drug trafficking or intent to distribute may be non-wobbler offenses. 

Wobbler charges can be challenging because prosecutors may decide to charge them as felonies in an attempt to get the defendant to plead guilty in exchange for reducing it to a misdemeanor. Do not plead guilty to a crime you did not commit just to avoid a felony charge. Instead, contact a Marin County drug attorney to discuss your options.

What are the benefits of drug court? 

Drug court allows people charged with drug offenses to avoid incarceration and get the treatment they need. They focus on rehabilitation instead of punishment for people who are struggling with substance abuse issues. Studies have shown that drug courts increase the chance of successful rehabilitation and reduce the likelihood of recidivism. People who successfully complete drug court-supervised treatment programs can often have their charges dismissed and may be entitled to other benefits, such as restoration of their parental rights. 

Do I qualify for drug court? 

The general rule is that drug court is available only to defendants who have been charged with non-violent drug offenses such as simple possession. However, people facing charges related to the sale or distribution of drugs may still qualify. A Marin County drug attorney can determine whether you qualify for drug court and get you into the right program. 

I’ve been charged with conspiracy. What does that mean? 

Under California law, prosecutors can charge anyone who was involved in planning to commit a drug crime, even if that person wasn’t directly involved in the crime itself. Unfortunately, prosecutors aggressively use conspiracy charges to bully defendants into cooperating or even pleading guilty to lesser offenses. As a result, someone who might otherwise be facing a misdemeanor charge for simple possession is suddenly being threatened with years in prison. If you have been charged with conspiracy to commit a drug crime, we recommend that you contact a Marin County drug attorney immediately. 

What is Proposition 47? 

Proposition 47 is a ballot measure that became law in 2014. Among other things, it reduced simple possession of drug offenses to misdemeanors rather than felonies. If you have a felony drug conviction from prior to 2014, you may be entitled to an expungement or similar relief under Proposition 47. 

Should I just plead guilty?

The short answer to this question is no. First, prosecutors will not be lenient if you cooperate or plead guilty. By pleading guilty, you lose any leverage you may have to get a fair result. Second, you may have legal defenses that can be raised, such as violating your constitutional rights. You should never plead guilty without first discussing your case with a knowledgeable drug attorney. 

Contact A Marin County Drug Attorney Who Will Fight On Your Behalf

Facing drug charges can be overwhelming. You need to reach out to a Marin County drug attorney who will aggressively seek and raise potential defenses, challenge the evidence against you, and commit themselves to garnering the best possible results. Brownstein Law Group P.C. has proven to be that team of attorneys for hundreds of clients facing drug charges in San Rafael, California and beyond. Set up a consultation today.