Top San Jose, CA Drug Crime Lawyers Near You

What Are Drug Crimes?

Drug crimes include any activities involving controlled substances. Federal and California laws can vary depending on the types and quantities of drugs, as can the severity of the penalties. Common drug crimes are:

• Drug possession
• Drug trafficking
• Drug manufacturing
• Prescription drug fraud
• Drug paraphernalia
• Driving under the influence of drugs

What Makes a Drug Crime a Federal Crime?

Nearly any drug offense could see you end up in the federal system because these substances are all banned under federal law. If federal officers, such as those with the Drug Enforcement Administration (DEA), are conducting operations in your area, an arrest by one of those officers would likely lead to federal charges. Using illegal drugs on federal property, such as national parks, can also lead to drug charges. While federal officials often target distributors and traffickers more than people possessing a small amount of drugs, the potential does still exist.

What Are the Penalties for Different Drug Crimes?

While simple possession of most scheduled drugs (particularly cannabis) results in, at most, misdemeanor charges — and typically, a drug diversion program or rehabilitation — possession with intent to distribute and drug trafficking are prosecuted more aggressively.

Those convicted of large-scale drug trafficking could see between 10 years to a life sentence if convicted. At the state level, drug trafficking charges typically range from three years to a life sentence, depending on the drug being moved and the quantity being transported. If death or serious injury results from the trafficking of these drugs or the demonstrable use of the drugs, penalties are almost always enhanced to 20 years to life.

Possession with intent to distribute is generally charged at the state level, and penalties vary based on the context of the crime as well as the jurisdiction laws of each state. In some states, possession of cannabis with intent to sell is classified as a third degree felony. If found guilty of these charges, offenders could face up to five years behind bars. If the substance in question is instead cocaine, the maximum sentence is increased to 15 years incarceration. A range of between one to five years is common for first-time offenders, with penalties increasing for repeat offenders or for more harshly scrutinized drugs.

Can I Get Probation for a Drug Crime in California?

You can be handed a probation requirement in response to a conviction for a drug-related crime or even as part of a potential plea deal. The likelihood that you receive probation as part of your sentence depends on the severity of the alleged offense and a variety of other factors, so it is vital to speak with an attorney to determine if you can reasonably expect to get probation. Regularly meeting with your probation officer, abstaining from drugs or with those who use drugs, and other conditions may be part of your probation.

What Are Some Examples of Situations Where I Might Need a Drug Crime Defense Lawyer?

If you are involved in a drug crime arrest, you can benefit from a defense attorney. Minor drug possession arrests can turn into more serious drug charges if the type of drug or amount is not what you expected. Another person could try and say the drugs were yours even if you didn’t know about them.

How Can a Drug Crime Lawyer Help Me?

An experienced lawyer can give you the knowledge and backing you need to navigate the criminal justice system and find the best possible results for your case. There are numerous benefits to hiring a drug crimes defense lawyer, including:

• Advocating for lower bail or an own-recognizance release to avoid jail
• Representing you during questioning, arraignment, plea negotiations, and trial
• Getting you into drug court to avoid a criminal record
• Building a strong defense strategy
• Protecting your rights
• Gathering evidence and expert testimony

What Could Happen if I Don’t Hire a Drug Crime Lawyer?

If you don’t hire a drug crime lawyer, you will put your future into the hands of the judge or jury. Your public defender may try to get you to plead guilty to get lesser penalties, even if you were innocent. Drug charges can have long-term consequences, including:

• Jail time
• Fines and fees
• Felony record
• Loss of rights because of a drug conviction
• Immigration consequences

Top Questions to Ask When Choosing a Drug Crime Lawyer in San Jose

These questions can help you decide if you feel comfortable and confident that a lawyer has the qualifications, experience, and ability to manage your case well. Many lawyers offer free consultations that allow you to understand your options and get specific legal advice before hiring them. The top questions to ask include:

• What is your experience in handling drug crime cases?
• Have you managed drug crime cases like mine before, and what were the outcomes?
• Are you familiar with California and federal drug laws?
• What strategies do you use when defending clients in drug crime cases?
• Can you explain the potential penalties and consequences I may face if convicted of a drug crime?
• How often do you go to trial, and what is your success rate?

Tips for Hiring a Drug Crime Lawyer

Taking the time to find a lawyer who is right for you and will represent your best interests is an important first step in managing your defense and protecting your rights. Find a lawyer who understands your case, knows your needs and goals, and has the experience to get the best outcome. Things to do:

• Ask for recommendations
• Research lawyers online
• Schedule consultations
• Review experience and expertise
• Talk about billing and fees
• Trust your instincts