Facing a drug charge can be overwhelming, but with the right legal representation, you can navigate the complexities of the criminal justice system. At Shouse California Law Group, we provide expert legal services for individuals charged with drug offenses. Whether you’re dealing with possession, distribution, or more serious charges, our experienced Orange County drug crime lawyers are here to help.
Why Hiring an Orange County Drug Crime Attorney Matters
Drug laws in California are constantly changing and can be difficult to understand, especially when dealing with severe charges. A skilled drug crime attorney in Orange County will be able to assess your case, explain your options, and guide you through the legal process. Hiring an attorney with experience in drug cases can result in reduced penalties or even dismissed charges, depending on the circumstances.
A seasoned lawyer will ensure that any potential errors during your arrest or investigation, such as illegal searches or lack of probable cause, are challenged. An attorney will also help you explore the option of diversion programs like Deferred Entry of Judgment (DEJ), which can be key to avoiding jail time and a criminal record, especially for first-time offenders.
Drug Charges We Handle
At Shouse California Law Group, we handle a wide range of drug crime charges, including:
- Possession of Controlled Substances
- Possession for Sale and Distribution
- Drug Manufacturing
- Transportation of Illegal Drugs
- Driving Under the Influence of Drugs (DUID)
- Unlawful Manufacturing of Pharmaceuticals
Understanding Drug Laws in California
California has become known for progressive drug laws, but they remain complex. The decriminalization of marijuana has led to changes in the way certain drug cases are handled. However, other drugs, like psilocybin mushrooms, remain illegal. In California, drug offenses are classified by the substance involved, the quantity, and whether the person is accused of possession for personal use or for sale. Even if an individual is caught with a small amount of a controlled substance, the consequences can still be severe, especially for substances like fentanyl, which are treated with heightened scrutiny due to their dangerous nature.
One of the most critical avenues in drug offense defense is the Deferred Entry of Judgment (DEJ) program, which is found in Penal Code Section 1000.5. This program allows for first-time offenders charged with misdemeanor drug possession to enter a drug treatment program and defer their court proceedings for 6 months to 2 years, depending on the treatment program and the judge’s discretion. Upon successful completion of the program, the charges can be dismissed.
Similarly, Penal Code Section 1001.95 gives judges the option to divert certain drug offenses into treatment programs or probation, which reduces the likelihood of jail time.
Consult a Drug Possession Lawyer Near You About Penalties for Drug Offenses
Penalties for drug-related offenses vary depending on the severity of the crime and the defendant’s criminal history. It’s recommended that you consult a drug possession lawyer in your area. Some possible penalties for drug charges include:
- Misdemeanor Drug Possession: This could lead to up to one year in county jail, although probation or diversion programs are often available for first-time offenders. Diversion allows individuals to attend rehabilitation programs instead of serving jail time, potentially leading to charges being dropped.
- Felony in Possession for Sale or Distribution: These charges can lead to years in county jail or state prison. Factors such as the type of drug, the quantity, and whether the offense occurred near schools or parks (which can lead to more severe penalties under California’s school zone laws) can affect the sentence.
- Drug Manufacturing or Transportation: Charges related to manufacturing or transporting illegal drugs can carry longer prison sentences, often ranging from several years to over a decade, depending on the scope of the operation and other circumstances.
The legal system is more lenient for first-time drug possession offenses, offering opportunities for treatment programs, probation, and case dismissal under certain conditions. However, severe penalties are imposed for offenses like drug trafficking or manufacturing, especially when there is involvement with large quantities of drugs or a history of offenses.
Collateral Consequences of Drug Crimes
Beyond jail time, drug convictions can have serious collateral consequences. These can include:
- Immigration Issues: Non-citizens who are convicted of drug offenses risk facing deportation, being barred from entering the United States, or being denied citizenship.
- Professional Licensing: Many professional licenses, including those for doctors, nurses, and teachers, can be jeopardized by drug convictions.
- Restrictions on Social Activities: In some cases, individuals convicted of drug crimes may face restrictions on interacting with certain individuals (such as known drug offenders) or entering certain locations (such as areas with known drug activity).
- Social Stigma and Career Impact: A drug conviction can also significantly impact your future job prospects, as many employers perform background checks and may be reluctant to hire someone with a criminal record.
What to Do After a Drug Arrest
If you’re arrested for a drug offense, it’s essential to exercise your right to remain silent and request a lawyer before making any statements. Do not consent to any searches of your property or vehicle. Once released, contact an experienced drug crime attorney to review the facts of your case and determine the best course of action.
Search and Seizure Challenges: Reasonable Suspicion and Probable Cause
A major component of defending a drug charge is challenging the legality of the search and seizure that led to your arrest. Law enforcement officers must have reasonable suspicion to initiate a stop, and they need probable cause to search a vehicle or property. Reasonable suspicion can arise from things like observing erratic driving or a traffic violation, but it must be based on observable facts, not just a hunch. Probable cause is a higher standard, and it requires that an officer have clear evidence, such as seeing drugs in plain view, having consent to search, or making an arrest based on a crime being committed. Without probable cause, any evidence collected during the search can potentially be suppressed, leading to a case dismissal.
Our Drug Defense Process
Our defense process involves several steps to help us gain a better understanding of the circumstances of your case, as well as any breaches in rights during the arrest and subsequent interactions with police. Our process is as follows:
Initial Consultation and Case Review
When you contact Shouse California Law Group, the first step is a detailed consultation. We gather information from you about:
- The circumstances surrounding your arrest
- Your criminal history (if applicable)
- Any immigration or professional concerns you may have
This helps us understand the context of your case and begin forming a defense strategy.
Thorough Review of Evidence
We conduct an in-depth examination of all evidence related to your case, which includes:
- Body camera footage: If available, we review footage from the arrest to look for any procedural violations or issues that could support your defense.
- Witness statements: We gather statements from any witnesses who may support your version of events or provide exonerating information.
- Toxicology reports: We carefully review the results of any drug testing to ensure the substance in question is accurately identified, which can be crucial in cases involving mistaken identity or false allegations.
Challenge the Legality of Search and Seizure
We assess whether the search and seizure of your property (car, home, or person) was legally conducted. If law enforcement officers overstepped their bounds, we challenge the legality of their actions.
This could result in evidence suppression if the search was unlawful, potentially leading to the dismissal of charges.
Exploring Treatment Programs for Addiction (If Applicable)
If addiction is a factor in your case (e.g., possession or sales to support personal drug use), we explore treatment options to demonstrate your willingness to address any underlying issues.
- Courts are often more lenient with individuals who are actively seeking help and undergoing treatment programs.
- We connect you with reputable treatment providers and ensure that these efforts are documented and presented as mitigating factors to improve your standing in court.
Building a Strong Defense
With all the gathered evidence and an understanding of your personal circumstances, we build a defense strategy tailored to your case. This may include challenging the evidence, seeking reduced charges, or pursuing diversion programs, especially for first-time offenders.
How Much Does a Drug Crime Lawyer Cost in Orange County?
The cost of hiring a drug crime lawyer in Orange County typically ranges from $2,500 to $25,000+, depending on the complexity of the case. More serious charges or cases that require extensive investigation or have to go to trial may cost more. Here are factors that can affect pricing:
- Misdemeanor vs. Felony: Felony charges generally cost more due to their complexity.
- Type of Drug Involved: Some drugs, such as fentanyl, may carry harsher penalties and thus require more extensive defense strategies.
- Case Progression: If your case goes to trial, additional costs will be incurred.
- Defense Strategy: If diversion programs or treatment options are pursued, costs may vary depending on the necessary resources.
Client Stories: Real Drug Case Results
Drug Offense – Alhambra (2021)
- Charges: Drug Possession
- Court: Alhambra Courthouse
- Duration: 3 Months
In 2021, our client was arrested for possessing narcotics in their vehicle. The officer approached our client while their vehicle was parked, and upon searching, the officer discovered illegal substances inside. However, we successfully argued that the officer lacked reasonable suspicion to make contact with our client. Our client was simply parked in their own car and had not committed any visible violation that warranted police intervention.
Using a 1538.5 motion to suppress, we challenged the legality of the search and seizure. The officer’s actions violated our client’s constitutional rights, and as a result, the evidence obtained during the search was suppressed. Even though our client had multiple previous drug charges on their record, we were able to prevent this case from adding to their criminal history.
Ultimately, the case was dismissed, and our client avoided further legal trouble due to our aggressive defense strategy.
Frequently Asked Questions (FAQ)
- What is the difference between drug possession and drug possession for sale? Drug possession for sale involves having more drugs than would be typical for personal use, indicating an intent to distribute.
- Can I get my drug charge dismissed? Yes, depending on the circumstances, there are several legal avenues for having a charge dismissed, such as diversion programs or challenging the evidence.
- What is DEJ, and how can it help my case? Deferred Entry of Judgment (DEJ) is a program that allows eligible individuals to enter drug treatment programs in exchange for having their charges dismissed. It is available for first-time offenders of misdemeanor drug possession, according to Penal Code Section 1000.5.
- How can I challenge a search and seizure in my drug case? If the officer lacked probable cause or reasonable suspicion, evidence obtained during an illegal search may be suppressed, leading to a dismissal. A skilled lawyer can help you evaluate whether your rights were violated.
Contact Our Drug Crime Lawyers in Orange County Today
If you’ve been charged with a drug crime in Orange County, contact Shouse California Law Group for expert legal assistance. Our experienced drug crime attorneys are ready to defend your rights and fight for the best possible outcome. Reach out today to schedule a consultation.
Shouse Law Group Orange County Drug Crime Lawyers
Our team is comprised of former prosecutors and police officers, offering clients over half a century of combined law enforcement experience. This insider knowledge allows us to use aggressive, proactive defense strategies to fight criminal charges. Whether you need a top drug crime attorney in Orange County, CA or help with other serious charges, we get to work immediately to find favorable evidence. We leverage our knowledge of local courts, judges, and prosecutors to achieve the best possible outcomes for every client.
Shouse Law Group
333 City Blvd W Ste 1750
Orange, CA 92868
Phone: (714) 288-9455
“Karthik Krishnan was fantastic to work with. He was extremely responsive to all my questions as someone facing charges for the first time. He spent as much time as I needed and provided a wealth of information. He was able to ultimately get my case dismissed which was a huge relief. If anyone is facing an issue I would strongly recommend him and his firm.”