Temecula Drug Crime Lawyers

In California, drug charges are taken seriously. Whether you were arrested for possession, distribution, manufacturing, trafficking, or prescription fraud, our team is here to help. A drug conviction may land you behind bars or result in steep fines.

The lawyers at Camarata & Fuller, LLP have more than 40 years of combined experience. We have handled thousands of cases and are proud of our results and reputation. See how we have helped many others handle their criminal charges by reading our testimonials.

How Are Drug Charges Handled in California?

Drug convictions can carry harsh penalties. For the chance to minimize your punishment or eradicate charges altogether, seek representation from our team of skilled legal professionals.

In 2014, Proposition 47 changed the sentencing for a variety of drug crimes in California. Now, several former felony possession charges are prosecuted as misdemeanors with a maximum sentence of one year in county jail.

What are the Penalties for Drug Crimes in California?

Drugs crimes are penalized according to the schedule each drug is categorized under. For example, cocaine falls into Schedule I, whereas many opiates fall into Schedule II. Additionally, the penalties for drug crimes vary depending on the type of offense, the quantity of the substance, and whether there is a prior criminal record.

Common consequences include:

• Jail or Prison Time: Sentences range from months in county jail for misdemeanors to years in state or federal prison for felonies.
• Fines: Financial penalties can reach thousands of dollars, depending on the offense.
• Probation: Some drug crimes may lead to probation with strict conditions, such as regular drug testing and counseling.
• Driver’s License Suspension: Certain drug-related convictions may result in a temporary loss of driving privileges.
• Permanent Record: A conviction can lead to a criminal record, impacting future employment, housing, and educational opportunities.

A Temecula drug crime attorney will evaluate your case to minimize or eliminate these penalties whenever possible.

California's Approach: Treatment Over Punishment

If you are struggling with drug addiction, you need help, not punishment. Thankfully, the California courts recognize this necessity and offer drug diversion programs for some defendants. As your advocate, we can suggest a program that could help treat your addictions and set you on track toward a brighter future. The Department of Alcohol and Drug Programs has been actively encouraging drug diversion programs in the California courts since 1998.

Some courts operate under a pre-plea model, which means that the defendant can avoid prosecution by successfully completing a drug rehabilitation program. In a post-plea model, the defendant has to enter a guilty plea before completing his or her treatment.

Sometimes, the conviction will be wiped from the defendant’s criminal record if the program is completed successfully. In post-adjudication cases, the defendant can begin a drug program after conviction, but he or she may still have to serve a sentence.

Marijuana Laws in California: What You Need to Know?

In 2016, Proposition 64 legalized recreational marijuana use for adults over the age of 21. However, this law did come with provisions. Adults are only permitted to possess up to 28.5 grams of marijuana or eight grams of concentrated marijuana. New laws state that this drug must be consumed in a private residence or an establishment that is licensed for marijuana use. 

Anyone under the age of 21 is prohibited from possessing or using the substance. Marijuana users are not permitted to smoke weed in public places, near daycares or schools, or anywhere where tobacco is prohibited. Operating a vehicle under the influence of marijuana can result in a DUI.

How to Defend Against Drug Crime Charges?

Facing a drug crime charge can feel overwhelming, but there are many potential defenses that can be used to fight your case. Some common strategies include:

• Illegal Search and Seizure: Under the Fourth Amendment, evidence obtained through an unlawful search or seizure cannot be used in court. If law enforcement violated your rights, the evidence against you may be suppressed.
• Lack of Possession: Prosecutors must prove that you had control over the drugs in question. If the drugs were not on your person or if someone else had access, it could weaken the prosecution’s case.
• Entrapment: If law enforcement induced you to commit a crime you otherwise would not have committed, this may qualify as entrapment.
• Insufficient Evidence: The prosecution must provide sufficient evidence to prove guilt beyond a reasonable doubt. Weak or circumstantial evidence can lead to reduced charges or dismissal.
• Medical Necessity: For certain drug possession cases involving marijuana, a valid medical marijuana card or physician’s recommendation can serve as a defense.

A Temecula drug crime attorney will carefully review the details of your case and identify the best defenses to pursue.

How Legal Representation Can Help in Drug Cases?

Navigating California’s drug laws can be daunting without skilled legal representation. Our Temecula drug crime lawyers provide valuable assistance by:

• Analyzing the details of your case to uncover weaknesses in the prosecution’s evidence.
• Negotiating with prosecutors to seek reduced charges or alternative sentencing.
• Representing you in court to ensure your rights are upheld.
• Guiding you through drug diversion programs or expungement options.

With the right defense strategy, it’s possible to achieve a favorable outcome and move forward with your life.