- 24/7 Real-Time Assistance Available
- 2022 BBB Torch Awards for Ethics Winner
- Featured on NBC, ABC, CBS, and Fox News
- Not Guilty Verdicts from DUI to Murder Charges
"*" indicates required fields
190+
Five-Star Google Reviews
"*" indicates required fields
If you have been arrested for, or accused of, a drug crime in San Diego, you are not alone. Each day everyday people are arrested for drug crimes ranging from the use, possession, or transport of drugs, narcotics, or paraphernalia.
If the term “drug crimes” sounds broad it’s because it is. The only thing necessary for a crime to be considered a drug crime is that drugs were, in some way, alleged to be involved. This means that you may be prosecuted for a drug crime under many different circumstances.
To present a skillful defense against drug charges you need to know:
The Drug Crimes category is used to prosecute many different criminal cases which all share one common component: drugs are alleged to be involved. With many remarkably different cases under one category of crimes, presenting a tailored defense requires in-depth knowledge of the constantly changing drug laws in California. At the basic level, drug crimes typically fall into one of the following categories:
Possession of a controlled substance is the simplest form of drug crime. Possession charges can result from possessing illicit drugs, or possessing prescription drugs without dentist valid prescription.
For example, under California Health and Safety Code Section 11350 possessing a handful of Vicodin pills without a prescription is a drug crime. Under California Health Code Section 11377 it is illegal to possess methamphetamine (meth) in any amount, regardless of the circumstances.
The amount, type, and packaging of the controlled substance will be considered when filing possession charges, but typically simple possession cases are misdemeanor offenses.
The typical result of possessing drugs is their use. You can be found guilty of a drug crime if you are discovered to be under the influence of a controlled substance – even if you have no illegal drugs in your possession. People are most commonly charged with this drug crime if the prosecution believes they can prove you are or were under the influence of:
Assuming the prosecution meets their high burden to merit a conviction, you will face a minimum ninety (90) days in county jail according to California Health and Safety Code 11550(a), along with other potential penalties. In cases involving the operation of a motor vehicle, DUI charges can be filed as well.
Possession of a controlled substance with the intent to distribute is a more-serious charge than simple drug possession. The circumstances of your arrest, the quantity of narcotics present, and how they were packaged will all be taken into consideration when the prosecutor determines what charges will be filed. Regardless of true intent, persons suspected of possessing a controlled substance with the intention of selling or distributing it face more serious penalties, if convicted. Such offenses are non-reducible felonies; penalties go up significantly when there are prior possession for sales’ charges involved.
Transportation of narcotics charges may result in cases of possession where the drugs are alleged to have been transported for the primary purpose of sales. Transportation charges are to be taken seriously as they are non-reducible felonies.
Possession of drug paraphernalia is a common charge in San Diego, resulting from any situation where a device, instrument, or tool enabling drug use is discovered. Drug paraphernalia comes in many shapes and sizes but the most common types are:
Paraphernalia charges are commonly brought in conjunction with other drug crimes charges (most notably possession and under the influence), but it is possible to be arrested for paraphernalia even if it is not yours and even if you are not under the influence.
Driving under the influence (DUI) of a controlled substance is a very serious offense and can result in very serious penalties if convicted. While drug DUI cases share many similarities with alcohol-related DUIs, there are two significant differences you need to know:
Drug crimes laws are numerous and ever-changing. When facing drug charges, it is essential to hire an experienced law firm that is current with the law and defense strategies, as well as connected with the treatment community. We are all of that and more.
A great defense attorney knows there is more to each case than the four corners of the police report. Just because you have been arrested does not mean you are guilty. Possible defenses against drug charges include:
Lawful Possession: You may have a prescription for a narcotic even if you cannot prove it at the time of your arrest.
Entrapment: If you were persuaded to commit a drug crime you were otherwise not predisposed to commit, entrapment may be a valid, if not your only, defense to the charge.
Unlawful Search and Seizure: You are protected by the Fourth Amendment’s provision against unreasonable searches and seizures. Key evidence can be kept out of evidence, thus not allowed to be used against you, if it was unlawfully obtained.
Lack of Evidence: Sometimes it is just an outright weak case against you, but that doesn’t mean you can beat it. You still require the assistance of a highly skilled defense attorney to best maximize the chances of your case’s success.
At the Law Office of David P. Shapiro, we know drug crimes law. We keep up on the law by attending seminars and by handling drug crimes offenses in court week in and week out. We also know that very often drug use has deeper causes the court is not likely to take into effect unless those factors in mitigation are uncovered and brought to its attention. If you have been accused of a drug crime in San Diego contact us today to schedule a consultation. Assuming the case cannot be beaten outright, alternative sentencing for drug crimes may be available. Call today: 619-295-3555.
Here’s what you need to know to regain control of your future
“I came to David Shapiro to end my probation early and expunge my case. I had a very positive and very informative experience with him. David and his assistant Maria were excellent and always kept in the loop of what was going on.”
“Helping good people get their lives back is not just a catch phrase. They mean what they say and are serious about taking care of the client. Ally Keegan and the team at Law Office of David Shapiro are AMAZING! My charges for a 25 plus year old case were dismissed, it was not easy but I truly believe that if I had went with any other Law Firm that the outcome would have been very different. Thank you Ally for helping me get my life back!”
“I called many lawyers after I got my DUI. Stefano was the only lawyer who put my mind at ease and gave me a sense of relief. He constantly communicated with me about my case and laid out all my options. He was willing and able to do whatever he could to help me. He went above and beyond what was expected.”
“I have used David 2 times in the past and he has by far exceeded my expectations. He has great knowledge and knows the system. He is straight forward and honest and somebody you can trust without doubt. I would recommend him to friends, family, and anybody that needs help. Best attorney I’ve ever come across.”
“Stefano Molea was extremely professional and consistently timely with responses to my questions. Most of all, Stefano was reliable. Stefano was diligent with discovery and always prepared and tenacious when relevant to the situation. Stefano is an attorney that you can count on for the best outcome. Thank you Stefano for all you did in my case. You’re so awesome!!!!”
“Ally was an absolute pleasure to work with. Her calm and reassuring demeanor was matched with her excellent knowledge, dedication, thoroughness. We unfortunately found ourselves in need of a criminal lawyer and we can without a doubt say that having Ally and her firm represent us from the beginning was the best choice we could have made.”
