Although California is often seen as progressive, its drug laws can be strict. Law enforcement and prosecutors are tough on serious drug cases. Whether you were in the wrong place at the wrong time, unaware of possession, or struggling with addiction, the state will seek a conviction. Your best move is to reach out to an experienced San Jose criminal defense lawyer who will treat your case like family.
No matter the amount of drugs, the specific narcotic involved, or the circumstances of your charges, Silver Law Firm will help you explore all your options and mount a strong defense. Unlike other firms, we understand that drug crimes don’t exist in a vacuum, they affect families, careers, and often require consideration of treatment programs. In a city that made over 4,600 drug-related arrests in the past year, reflecting a proactive law enforcement stance, you need an attorney who understands the stakes. When Silver Law Firm represents you, you won’t feel judged or let down. Instead, we’ll be your fiercest advocate, fighting for the best possible outcome.
If a drug charge is putting you at risk, let us help you and work to have charges reduced or dismissed as quickly as possible, so you and your family can get through this ordeal. Contact attorney Silver today at (510) 995-0000 to learn more during a free and confidential consultation.
Understanding Controlled Substances
In California, drug crime punishments range widely. Offenses like personal consumption or marijuana possession typically result in infractions or misdemeanor charges. In contrast, more severe crimes such as trafficking, manufacturing, and possession with intent to sell can lead to felony charges and much harsher penalties.
The seriousness of your offense will largely depend upon California’s controlled substance schedule, which is outlined in the Uniform Controlled Substances Act. This is based on the U.S. Controlled Substances Act which defines drugs by ranking them by their harmfulness, according to the government.
The controlled substances schedule classifies drugs into five categories:
- Schedule I drugs: These are the most dangerous and addictive substances, with no recognized medicinal use. They include heroin, LSD, ecstasy, peyote, and marijuana.
- Schedule II drugs: Highly addictive substances that may have some medicinal uses. Examples include cocaine, methamphetamine, morphine, Adderall, Ritalin, and various prescription painkillers.
- Schedule III drugs: Substances with potential for abuse but widely available via prescription. This category includes testosterone, steroids, ketamine, and drugs containing less than 90 milligrams of codeine.
- Schedule IV drugs: These drugs have a lower risk of abuse and addiction but can still be harmful. Examples are Valium, Ambien, and Xanax.
- Schedule V drugs: Substances that are generally available by prescription but can be dangerous if misused or taken in large quantities. This category includes cough suppressants, antidiarrheal medications, and certain painkillers.
Marijuana remains classified as a Schedule I drug in California. However, possession, sale, and other related activities have been decriminalized, with penalties significantly reduced.
For a free legal consultation with a drug crime lawyer serving San Jose, call (510) 995-0000
San Jose Drug Crimes
With over 20 years of experience defending individuals just like you who have been caught up in the criminal justice system, attorney Elliot Silver has successfully defended virtually every type of drug case. This level of skill and insight gives attorney Silver an edge in any courtroom and makes Silver Law Firm more than prepared to represent you against any drug offense.
Some of the most common drug charges (California Health and Safety Code Drug Sections 11350-11651) in California include:
- Simple Possession: Possessing drugs for personal use may be considered an infraction or misdemeanor, depending on the type and amount of drug.
- Possession for Sale: If drugs are found in larger quantities and allegedly intended for sale, you may face felony charges.
- Transporting a Controlled Substance: Transporting drugs, especially across state lines, can lead to higher charges and may be prosecuted as a federal crime.
- Import/Export/Distribution/Sale of Controlled Substances: Involvement in any of these activities within California will result in felony charges.
- Manufacturing a Controlled Substance: Manufacturing drugs without a valid license is a felony offense, including making drugs like methamphetamine.
- Counterfeit Prescription Drugs: Manufacturing, trafficking, or selling counterfeit pharmaceuticals will lead to felony charges.
- Illegally Possessing, Transporting, or Selling Prescription Drugs: These offenses can carry additional charges if the drugs were tampered with or caused injury or death.
- Possession of Drug Paraphernalia: Possessing devices or tools used for smoking or ingesting drugs, such as a glass pipe for meth, can lead to a misdemeanor charge.
- Illegal Marijuana Activities: While marijuana is legal for medicinal and recreational use in California, stepping outside the law (e.g., growing, selling, or using it unlawfully) can result in infraction, misdemeanor, or felony charges.
- Methamphetamine Offenses: Possessing a small amount of meth for personal use is a misdemeanor, but manufacturing, trafficking, or possessing a large quantity can lead to felony charges.
- Cocaine Offenses: Possessing a small amount of cocaine for personal use is a misdemeanor, while possession for sale, trafficking, or selling cocaine can lead to felony charges and stricter penalties. Many of these offenses may also result in asset forfeiture (e.g., cars, houses, or cash related to the crime).
San Jose Drug Crime Lawyer Near Me (510) 995-0000
San Jose Drug Crime Penalties and Collateral Consequences
California has moved toward a more lenient approach for certain drug offenses, increasingly viewing drug use as a public health issue rather than solely a criminal matter. While this shift represents progress, the state continues to take a firm stance on serious offenses involving the manufacturing, transportation, or sale of controlled substances.
Whether you’re charged with a misdemeanor or felony depends on the specifics of your case, but a conviction can result in a range of legal penalties and long-term consequences, including:
- A Permanent Criminal Record: In California, a drug conviction becomes part of your criminal record, which can affect your future employment, housing, and licensing opportunities, even if the offense was non-violent.
- Jail or Prison Time: Depending on the offense, you could face time in county jail, or be sentenced to state prison for more serious drug crimes like trafficking or manufacturing.
- Court Costs, Fines, and Fees: California courts impose substantial fines, lab fees, probation fees, and other costs following a conviction. These financial burdens often accumulate quickly.
- Employment Challenges: While California’s Fair Chance Act restricts employers from asking about criminal history before making a conditional job offer, they may still consider certain convictions, including drug offenses, after that point. A drug-related conviction can still significantly reduce your job prospects, particularly in licensed or regulated industries.
- Housing Limitations: Many California landlords perform background checks and can legally deny rental applications based on a drug conviction, especially felonies.
- Professional License Denial or Revocation: Boards like the California Medical Board or California State Bar can deny or revoke licenses due to drug convictions, especially if the offense is related to the profession.
- Child Custody and Visitation Impacts: California family courts consider a parent’s criminal record in custody decisions. A drug conviction could result in reduced custody or supervised visitation.
- Immigration Consequences: Under both state and federal law, non-citizens in California convicted of certain drug crimes may face deportation, denial of naturalization, or inadmissibility.
- Mandatory Drug Offender Registration (Health & Safety Code §11590): Some felony drug convictions in California require registration as a narcotics offender, which involves notifying local law enforcement of your residence.
Click to contact our San Jose Criminal Defense Lawyers today
Defending Against San Jose Drug Crimes
Although California has taken a more progressive stance on certain drugs, many drug-related offenses are still aggressively prosecuted. If you’re facing a wobbler charge, an offense that can be filed as either a misdemeanor or a felony, prosecutors may pursue the harsher felony option. However, working with a skilled attorney can improve your chances of reducing the charge and limiting the severity of the penalties.
In many San Jose drug cases, the evidence comes from informants, law enforcement surveillance, and searches that follow. While being caught with drugs or accused of trafficking may seem like a clear-cut case, there are often viable defenses. Informants, often called “snitches”, frequently provide unreliable information in exchange for leniency in their own cases. A knowledgeable San Jose drug crimes attorney will review whether your rights were violated during the investigation or if the drugs were improperly handled, tested, or logged. If evidence was illegally obtained, your lawyer can move to have it suppressed. Without that key evidence, prosecutors may be forced to reduce your charges, offer a favorable deal, or even drop the case entirely.
Complete a Free Case Evaluation form now
Contact Our San Jose Drug Crime Defense Attorneys
The landscape in California drug cases is constantly changing, and trying to handle the matter alone or with an inexperienced attorney is perilous to say the very least. If you are facing criminal charges related to illegal drugs, contact a San Jose drug crimes lawyer at Silver Law Firm as soon as possible. From your initial consultation to the moment your case is resolved, we’ll always offer an honest appraisal of the facts and what it will take to overcome the hurdles in your case.
Whether you’re facing charges for growing more marijuana plants than allowed or accused of trafficking large quantities of a controlled substance, Silver Law Firm is ready to stand up for you in court. Our focus is always on securing the best possible outcome, whether that means a case dismissal, reduced charges, avoiding jail time, or qualifying for a drug diversion program.
Attorney Elliot Silver gives each client his full attention and treats every case with urgency and care. Whether by phone, text, or email, you can expect prompt responses and honest, detailed guidance. To schedule a free initial consultation, contact Silver Law Firm online or call (510) 995-0000.
Call or text (510) 995-0000 or complete a Free Case Evaluation form
