San Diego Drug Crime Attorney

Today’s prison population is flooded with non-violent citizens who have been convicted of drug crimes. It’s clear that the war on drugs did not work as intended and has instead sent a lot of people to jail for minor drug offenses. If you have been convicted of a drug conviction, this charge on your record can have a major impact on every facet of your life, including your freedom, finances, health, relationships, ability to get a job in the future, and education. 

If you have been charged with a drug crime, it is recommended that you immediately contact one of our experienced San Diego drug crimes lawyers to discuss your case. At Bernal Law, San Diego, drug crimes attorney Pedro Bernal, Esq. is skilled, determined, and ready to fight for your freedom. 

DRUG CRIME STATISTICS IN SAN DIEGO

San Diego’s close proximity to the border creates a much tougher stance on drug charges.

This means the type of drug, the amount found, and whether you were using, distributing, or manufacturing are factors the District Attorney will consider when determining which charges to file. Because many drug crimes are considered wobblers, the D.A. will make a determination whether to charge you with a felony or a misdemeanor. Unfortunately, in many cases, the prosecutor will choose felony charges. 

Though there is not much data available about specific drug crime statistics in San Diego, much can be inferred from the increasing number of drug busts. In general, slightly more than 16% of all arrests in California can be attributed to drugs. Though Proposition 64 helped to curtail thousands of drug arrests across the states, overall arrests for drug charges still remain steady. 

TYPES OF DRUG CRIMES

Every drug crime is not the same. Some can lead to extensive jail sentences and high fines. The most common types of drug crimes charged in San Diego include drug possession, drug possession with intent to sell, drug trafficking, and manufacturing a controlled substance. Learn more about each below. 

• Drug Possession: Drug possession can be charged as an infraction, misdemeanor, or felony, depending on how much you have on you and what type of drug it is. Types of drug possession charges can fall under three categories: actual possession, constructive possession, and joint possession.
• Drug Possession With Intent to Sell: If you possess illegal drugs in amounts that indicate an intent to sell, it can lead to felony charges and harsh penalties. Convictions for possession with intent to sell require that the defendant was aware of the drugs, knew they were illegal, owned a substantial amount, and intended to sell. 
• Drug Trafficking: Defendants who are suspected of importing/exporting drugs or transporting drugs across state lines can be charged with drug trafficking. 
• Manufacturing a Controlled Substance: Manufacturing a controlled substance without appropriate authorizations can result in criminal charges. Charges can lead to long prison terms and hefty fines. 

Penalties for drug crimes vary depending on the schedule of the drug, the type of drug crime committed, and previous criminal history. No matter the case, drug charges can be serious. If you are facing charges, it is recommended that you contact our experienced San Diego drug crimes attorneys to discuss your case. 

PENALTIES FOR CALIFORNIA DRUG CRIMES

The consequences for different drug crimes can range from an infraction to serious prison time. In most cases, those charged with intent to sell, traffic, or distribute are facing felony charges, high fines, and long prison sentences. Some penalties for drug crimes include the following:

• Possession could be charged as low as an infraction, with no jail time and a $100 fine, or as high as a misdemeanor, with up to six months in jail and up to a $500 fine.
• Possession with intent to distribute is a felony charge, which could bring 16 months to three years of incarceration in the event of a conviction.
• Sale or delivery of an illegal drug is a felony, and the penalties depend on the age of the seller as well as the age of whom the drugs were sold to. Penalties range from two years to seven years of imprisonment.
• Cultivation of a drug (any amount) will be charged as a felony, and can bring 16 months to three years of incarceration in the event of a conviction.
• The chemical manufacture of hash and concentrates can result in a sentence of three to seven years in prison and a fine as large as $50,000.
• The unauthorized manufacture of hash and concentrates can result in 16 months to three years of incarceration and up to a $500 fine.
• Vehicles and other property may be seized for controlled substance violations and there may be a suspension of driving privileges.
• Using a minor in the unlawful sale or transport of marijuana is a felony punishable by three to seven years imprisonment.
• A gift or mere transportation of 28.5 grams or less of marijuana will be charged as a misdemeanor, and is punishable by a fine as large as $100.
• While there is no penalty for the simple possession of marijuana paraphernalia, delivery of marijuana paraphernalia by an individual 18 or older to a minor at least three years their minor is a misdemeanor. Penalties could include up to a year imprisonment and/or a fine as large as $1,000.
• Under California Penal Code § 1000, probation may be available for some marijuana offenses, however, the offender must participate in education or treatment as determined by the court.

To get a full understanding of the different drug penalties you may be facing, contact Bernal Law today.

WHAT ARE THE DIFFERENT SCHEDULES OF DRUGS?

Penalties for drug possession will depend heavily on the schedule of drug involved:

Schedule I Drugs

Drugs that fall under Schedule I include:

• Mescaline
• Marijuana (In April 2015, a federal judge in California declined to remove marijuana from this list of most dangerous drugs)
• Heroin
• LSD

Schedule I drugs are considered to have the highest dangers, with a significant threat of addiction and no valid medical use. 

Schedule II Drugs

Some Schedule II drugs include:

• Amphetamine
• Methamphetamine
• Opium
• Cocaine
• Methadone

Schedule II drugs have an elevated risk of abuse or addiction but might possibly have a valid medical use as well. 

Schedule III Drugs

Schedule III drugs can include:

• Testosterone
• Ketamine
• Depressants
• Anabolic steroids

Schedule III drugs are not as risky as Schedule II drugs but are still considered to have at least a moderate risk of abuse. 

Schedule IV Drugs

Schedule IV drugs include:

• Prescription drugs
• Sedatives
• Tranquilizers
• Clonazepam

Schedule IV drugs are considered to have only a slight risk of abuse or dependency and have a number of accepted medical uses. 

Schedule V Drugs

Schedule V drugs are those such as Tylenol with codeine. They have a relatively minor risk of dependency.

Possession of a drug for personal use will be charged according to the schedule of drug as well as the amount.

POTENTIAL DEFENSES TO YOUR DRUG CHARGES

The defense used in your particular case will depend on the specific circumstances. However, some of the more commonly used defenses include:

• Failure on the part of the police to comply with legal search and seizure rules
• An argument that the drugs either did not belong to you or you had no knowledge they were in your home or vehicle
• Mistakes are made once the drugs are in the crime lab
• Missing drugs (seized drugs can be transferred several times before ending up in an evidence locker)
• The drugs were planted (this is very difficult to prove, as an officer’s word carries significant weight)
• Entrapment

Your San Diego drug crimes lawyer will investigate your case and gather evidence in order to determine the best course of action for your defense.

What You Need to Know About Drug Diversion Programs

Drug diversion refers to a program designed for first-time, non-violent drug offenders facing specific drug possession charges. This initiative provides an alternative to conviction through a deferred entry of judgment program, emphasizing rehabilitation through treatment and education. Successful completion leads to the dismissal of charges, offering individuals a chance at a clean slate.

Requirements and Qualifications

To be eligible for drug diversion in San Diego, certain criteria must be met. The charged offense must involve personal use of a controlled substance, excluding intent to sell. The defendant’s criminal history, scrutinized by the District Attorney’s office, plays a crucial role. A clean record, without prior drug convictions, probation revocations, or felony convictions within five years, is essential.

Who Qualifies and Who Doesn’t

The program targets first-time or low-level offenders with no history of serious criminal behavior and facing charges for minor, non-violent crimes. Those with prior drug convictions, intent to sell charges, felony convictions within five years, or recent participation in a diversion program do not qualify.

How Diversion Works

Once eligibility is established and an offer negotiated, the presiding judge outlines the terms, requiring the defendant to plead guilty. However, this plea remains unentered in the system. The judge suspends proceedings for up to eighteen months, during which the defendant must successfully complete the diversion program and fulfill associated fees. Upon program completion, the judge vacates the guilty plea, leading to the dismissal of charges. However, failure to adhere to program terms results in reinstated guilty pleas and sentencing.

If you or someone you know faces drug-related charges, reach out to Bernal Law for dedicated legal support and guidance. San Diego drug crimes attorney Pedro Bernal’s extensive experience as a former prosecutor uniquely positions him to navigate the complexities of drug diversion cases, offering strategic defense and support tailored to your specific situation. 

Understand the Different Drug Crime Enforcement Agencies

In combating drug crimes in San Diego, various law enforcement agencies play pivotal roles, each contributing expertise to investigations and prosecutions. Understanding these agencies helps shed light on the collaborative efforts aimed at curbing illicit drug activities.

San Diego Police Department (SDPD)

At the local level, the San Diego Police Department takes a frontline role in addressing drug-related issues within the city. The SDPD focuses on investigating drug offenses, conducting street-level operations, and collaborating with the community to maintain public safety. Their efforts often involve monitoring drug-related activities, executing search warrants, and making arrests to uphold law and order within San Diego neighborhoods.

Drug Enforcement Administration (DEA)

At the federal level, the Drug Enforcement Administration (DEA) operates as a specialized agency under the United States Department of Justice. The DEA’s mission encompasses tackling drug trafficking and distribution at a national and international level. In San Diego, the DEA plays a crucial role in coordinating efforts to dismantle drug trafficking organizations, disrupt drug supply chains, and enforce federal drug laws. Their focus extends beyond local boundaries, addressing drug-related challenges on a broader scale.

U.S. Border Patrol

Given San Diego’s proximity to the U.S.-Mexico border, the U.S. Border Patrol assumes a pivotal role in combating drug smuggling and trafficking activities. Working under U.S. Customs and Border Protection (CBP), the Border Patrol uses a combination of technology, intelligence, and boots on the ground to secure the border against the illegal transportation of drugs. Their efforts contribute significantly to preventing the entry of illicit substances into the United States.

CONTACT A SAN DIEGO DRUG CRIMES LAWYER TODAY

Since San Diego is so close to the border, drug crimes are particularly scrutinized. The types of drugs in your possession, the amount, and what you were doing with the drugs will have a profound impact on the charges filed against you. No matter the circumstance, it is typically in your best interest to hire a proven San Diego drug crimes attorney to handle your case. They can increase the likelihood of your case being dismissed, an acquittal, decreased charges, and/or lessened prison time. 

If you have been charged with a drug crime in San Diego, do not wait until the prosecution has already mounted a significant case against you. Contact Bernal Law at (619) 736-9092 or fill out our contact form to discuss the details of your case today. Pedro Bernal, Esq. also speaks both Spanish and English.