If you are confronting criminal charges for drug possession, selling drugs, or any other drug offense in or around San Francisco, it is vitally important to retain the services of an experienced and respected criminal defense attorney. Why? Because you need someone who is on your side and will work tirelessly to protect your legal and Constitutional rights.
Overview of Drug Crimes in California
In California, there are considered to be three primary types of drug cases:
- Illegal Drug Possession
- Illegal Drug Possession for Sale
- Selling Illegal Drugs
Let's take a look at each.
In California, it is against the law for a person to be in the possession of controlled substances, according to California Health and Safety Code Sections 11350 and 11357. These statutory provisions prohibit the possession of controlled substances such as cocaine, heroin, PCP, methamphetamines, certain hallucinogenic drugs and some anti-depressants.
Drug Possession For Sale
In California, it is against the law for someone to be in the possession of or purchasing controlled substances in order to sell them, according to California Health and Safety Code Sections 11351 and 11359. Specifically, California Health and Safety Code Section 11351 prohibits possession of many controlled substances for sale. These include popular and commonly found recreational drugs such as cocaine, heroin, meth, and certain hallucinogenic drugs and anti-depressants.
California Health and Safety Code Section 11359 prohibits the possession of marijuana for the purpose of selling. However, for a prosecutor to make their case, they need to have sufficient evidence to prove you had intent to sell. This could be done through a totality of circumstances method. The opposition must use facts and circumstances surrounding the case to prove that there was a clear intent to sell the drugs in possession.
The Geller Firm represents clients confronting misdemeanor and felony drug possession charges, including marijuana possession, possession for sale (intent to distribute), and other drug possession charges. We are here to help protect your rights.
Charged with Selling Drugs
California prohibits individuals with engaging in the distribution of controlled substances, according to California Health and Safety Code Section 11352. Specifically, this statutory provision prohibits the distribution of controlled substances. Controlled substances are considered to be:
- GHB (i.e. the date rape drug)
- Certain types of prescription drugs (e.g., Codeine, Hydrocodone, Oxycodone, and Morphine)
Severe Penalties If Convicted of a Drug Crime in California
If you wind up getting convicted of a drug crime in California, the penalties can be quite severe. Sentences for drug crimes range from monetary fines and probation to lengthy prison sentences and seizure of your personal property.
Why You Should Retain the Services of an Experienced California Drug Defense Attorney
If you are charged with a drug offense in California, do not expect to be treated kindly by the court or the government prosecutor assigned to your case. This is why you should level the playing field and hire a skilled and respected San Francisco criminal defense lawyer. Hiring the right drug defense lawyer could very well mean the difference between your charges getting dismissed and a conviction that results in your incarceration. Contact The Geller Firm today. We handle all types of drug cases, including:
- Marijuana cultivation
- Drug trafficking of cocaine, crack, heroin, or other illegal drugs
- Driving under the influence of drugs
- Drug possession
- Sale of narcotics or other illegal drugs
- Drug distribution
- Operation of a meth lab/methamphetamine production
- Illegal prescription drugs
- Drug Possession Charges
The California laws related to drug cases vary widely, especially when it comes to being with charged with a misdemeanor and or a felony offense. Typically, it will depend on the type of drug and the quantity found by law enforcement.
Many drug possession cases in California are charged as felonies. However, it is possible for your criminal defense lawyer to negotiate with the prosecutor to try and have your case dismissed with the properly prepared defense, or to possibly get the charges reduced.
Courts also allow for the completion of a Drug Diversion program. A Drug Diversion program allows you to enroll into drug education and rehabilitation classes. Once completed, your case will be dismissed.
Defenses That Can Be Raised to Combat Drug Charges
When hired, The Geller Firm will get to work and begin thoroughly investigating all aspects of your case. We will assess and review important issues ranging from how law enforcement determined you were in possession of an illegal drug to whether your legal and Constitutional rights were respected during the arrest.
It is important to remember that you have Constitutional rights when placed under arrest by police. If there is an indication that evidence was obtained in violation of your legal rights by members of law enforcement, The Geller Firm will fight to have that evidence suppressed at trial, thus weakening the prosecutor's case against you. As a result, legal professionals with The Geller Firm are often able to obtain dismissals, reduction of drug charges or reduction of the potential penalties. The Geller Firm regularly negotiates for a variety of treatment-based diversion programs, which make our clients eligible to earn a dismissal after successful completion.
Speak with an Experienced San Francisco Criminal Defense Lawyer with The Geller Firm Today
If you or a family member was arrested and charged with a drug crime in or around San Francisco, now is not the time to throw your hands up in despair. Now is the time to be proactive to ensure your legal rights are respected and protected. Contact The Geller Firm today to schedule a time to speak with an experienced and respected San Francisco criminal defense attorney. Whether the charges are considered to be a misdemeanor offense or are related to a more serious felony charge, The Geller Firm is here to help.
We are available for virtual and in-person consultations. We serve San Francisco, San Jose, Oakland, Walnut Creek, Pleasanton, San Rafael, Palo Alto, and the surrounding cities. Contact us today to schedule an appointment.