San Bernardino Drug Crimes Defense Lawyer

If you face any type of criminal charges, it is vital to remember you have rights. You have the right to legal counsel and to remain silent until you have legal representation present. Law enforcement typically needs physical evidence to arrest a suspect for drug crimes, but apparent driving under the influence may lead to drug charges in some cases. At the Law Offices of Kathleen G. Alvarado, we aggressively defend our client’s Constitutional rights.

We can begin handling your case by thoroughly analyzing the events leading up to and following your arrest. If law enforcement failed to establish probable cause or conducted themselves improperly at any point during your arrest, we can identify these issues and potentially have the drug charges against you dropped. In any event, our firm is prepared to leverage the full weight of our skill and experience in representing your drug crimes defense case in San Bernardino.

With over 25 years of professional experience as a California deputy district attorney, Attorney Kathleen G. Alvarado has in-depth experience with the San Bernardino criminal justice system. The legal team of the Law Offices of Kathleen G. Alvarado knows how California prosecutors build their cases, and we know how to identify procedural errors that violate our client’s rights. When you choose Attorney Kathleen G. Alvarado as your drug crimes defense attorney, you will have responsive and comprehensive criminal defense counsel through every step of the drug crimes case against you.

Common Drug Crimes Prosecuted in San Bernardino

Drug crimes in San Bernardino typically include possession of illegal drugs, public intoxication under the influence of illegal drugs, transporting illegal drugs for sale, or driving under the influence of illegal drugs. All of these offenses can carry strict penalties, including fines, jail time, and civil liability, if the charges involve damages to private parties.

When a drug arrest involves physical evidence, the amount and condition of any drugs seized during the arrest typically inform the subsequent charges. For example, a suspect arrested with a large quantity of illegal drugs and paraphernalia designed for measuring and packaging individual doses for sale will likely face charges of possession with intent to sell. However, an individual arrested with a small amount of an illegal drug that is apparently reserved for personal use may only face simple possession charges.

Illegal drug possession for sale can lead to severe penalties depending on the type of drug seized, the quantity, and any other criminal activity conducted in alignment with the drug possession. However, in 2014 California voters passed Proposition 47, which reduced the maximum penalty for simple possession charges to no more than misdemeanors, and this applies to possession of Schedule I, II, III, IV, and V controlled substances in California. The maximum sentence for these types of possession charges is no more than one year in county jail, not state prison.

Marijuana in California

Recreational marijuana is now legal in California for adults over 21, but it is still possible to be arrested for marijuana-related offenses. It remains illegal to drive under the influence of marijuana, and adults may only possess up to 28.5 grams of cannabis. This amount is the legal threshold for adults to possess in California, but possession of marijuana results in an infraction for those under the age of 18. Any individual who receives a marijuana infraction will need to attend mandatory drug education courses and complete community service.

Possession of more than 28.5 grams of marijuana is a misdemeanor in California as state law deems this amount is much more than a responsible adult needs to possess at a time. This offense could meet with a punishment of up to six months in jail and fines up to $500. There is a similar distinction for concentrated cannabis, but the threshold is eight grams. Less than eight grams is perfectly legal for an adult over 21 to possess, but any more than eight grams is a misdemeanor punishable by incarceration up to one year and fines up to $500.

There are a few potential defenses against drug crimes for marijuana in California. The primary defense would be medical necessity if you have a valid state-issued medical marijuana card for a qualifying medical condition. Many physicians in California can prescribe medical cannabis as they see fit to their patients, and your prescription may be exempt from a marijuana-related criminal charge. A San Bernardino drug crimes attorney can assist you if your defense pertains to improper police conduct, entrapment, or unlawful search and seizure.

You Need Legal Counsel as Soon as Possible

Drug crimes in California may have recently had their potential penalty thresholds reduced, but that does not mean you should not act swiftly to secure legal representation when you face drug charges in San Bernardino. Your criminal case could still result in imprisonment and heavy fines. A San Bernardino drug crimes attorney can potentially help you defend against harsh penalties. If you did commit a drug offense, you could potentially plea down to a lesser charge or a lighter sentence with the help of a San Bernardino drug crimes lawyer. Your legal representative can also help you clear your name if you have been wrongfully charged with drug crimes.

While a public defender may be available to represent your case adequately, it is unlikely they can provide the personalized attention you would receive from a private law firm like the Law Offices of Kathleen G. Alvarado. If you face drug charges in San Bernardino and need legal representation from a San Bernardino drug crimes attorney, contact our firm as soon as possible for a case evaluation.