Drug Crimes Attorney in Orange County
Drug charges in California vary from simple drug possession to more serious narcotics manufacturing or sales offenses. Certain crimes, such as the transportation of drugs across borders, can be prosecuted as a federal crime, and the Drug Enforcement Administration (DEA) may then be involved in the investigation.
Our team of experienced criminal defense attorneys, with our expertise in the complexities of a wide range of drug charges, can significantly impact the outcome of your case, providing you with the confidence and reassurance you need during this challenging time.
At Cron, Israels & Stark, we have a proven track record of successfully handling drug cases, including obtaining charges dismissed or reduced, negotiating probation or drug diversion programs in lieu of jail time, and securing acquittals on serious drug charges in trial.
You can trust in our ability to deliver positive outcomes for your case.
Challenging the Prosecutors' Cases
We have vast experience in defending drug cases, such as exposing weaknesses in the prosecution's case; uncovering police misconduct, bias, or violations; or making a compelling case for drug treatment over criminal punishment.
Our attorneys provide legal representation for our clients involving charges of drug possession or sales, including cocaine, heroin, methamphetamine, ecstasy, synthetic drugs, and marijuana, drug manufacturing, and all drug-related charges.
Whether the arrest occurred in Santa Ana, Anaheim, Irvine, Huntington Beach, Newport Beach, Garden Grove, Fullerton, or any other part of the county, our team understands the local legal system and will fight to protect your rights, even when the district attorney pursues charges to the full extent of the law.
Key Takeaways
- Local police departments, sheriff's deputies, and specialized drug enforcement units in Orange County work closely with district attorneys to build strong cases against defendants.
- Some of the major elements of a drug charge include the type of scheduled substance involved, the quantity of the controlled substance, possession or sales, the criminal history of the defendant, and any gang-related elements.
- Successful defense strategies in drug cases often involve challenging the legality of the search and seizure, disputing the intent to sell, or proving lack of knowledge or control over the drugs.
Common Drug Crimes in Orange County
California law outlines several categories of drug-related offenses, along with specific statutes addressing a range of scheduled substances under California's Uniform Controlled Substances Act. That said, some of the most common drug-related charges filed in Orange County include the following:
- Possession of a Controlled Substance (HS 11350). Simple possession is a misdemeanor, which includes possessing drugs such as heroin, cocaine, and methamphetamine, as well as unlawfully obtained prescription drugs. A conviction can result in fines and a jail sentence of up to one year; however, many people may qualify for alternative sentencing programs or a deferred entry of judgment program (DEJ).
- Drug Possession for Sales (HS 11351). This felony crime involves possessing or purchasing controlled substances with the intent to sell them. Prosecutors often rely on circumstantial evidence to prove intent to sell, including the quantity of drugs, packaging materials, scales, or large amounts of cash.
- Drug Transportation (HS 11352). This law statute prohibits the transportation, importation, sale, furnishing, administration, giving away, or offering for sale of controlled substances. These charges are typically filed as felonies and carry severe penalties, including several years in state prison.
- Drug Manufacturing (HS 11379.6). Manufacturing, producing, compounding, or processing a controlled substance (meth labs) is a felony. A person charged with this offense must have been in the actual process of producing the illegal substance, rather than merely gathering the equipment and making the preparations to do so. A conviction for this crime carries the harshest sentencing of any California drug law: up to seven years in state prison.
- Under the Influence (HS 11550). It is a misdemeanor to use or be under the influence of a controlled substance, including illegal narcotics and unlawfully obtained prescription drugs. A conviction carries a penalty of up to one year in the county jail, but many offenders qualify for alternative sentencing or DEJ.
- Possession of Drug Paraphernalia (HS 11364). Possessing any kind of paraphernalia for the purpose of injecting or smoking a controlled substance is a misdemeanor. Typical drug use instruments include needles, pipes, small spoons, and glassware. Some offenders may qualify for alternative sentencing or DEJ.
- California Marijuana Laws. It is still a crime under many circumstances to cultivate, sell, possess, or use marijuana. Cultivation, sale, or transportation of marijuana may become felonies that can result in a jail sentence.
Other Common Drug Crimes in Orange County
- Possession of drugs while armed (HS 11370.1)
- Operating a drug house (HS 11366)
- Possession of drug money (HS 11370.6)
- Money laundering drug sales (HS 11370.9)
- Methamphetamine sales (HS 11378)
- Transportation of methamphetamine (HS 11379)
- Selling marijuana to a minor (HS 11361)
- Possession of marijuana driving (VC 23122(b))
- Prescription drug fraud ((HS 11173)
- Synthetic stimulants (HS 11375.5)
- Imitation substances (HS 109575)
- Drugs in false compartment (HS 11366.8)
California Penal Code 4573.5 prohibits bringing or possessing drugs or alcohol inside a jail or prison, sending or attempting to send controlled substances into a correctional facility, and knowingly transporting contraband into detention centers.
California Penal Code 4573 makes it a crime to knowingly bring controlled substances into a jail, prison, juvenile detention facility, or any other custodial institution.
Under Business & Professions Code 25603 BPC, it is a serious offense for anyone to bring liquor into any prison, jail, or reformatory.
Potential Penalties for Drug Crimes
Drug crime convictions in Orange County often carry serious penalties, but they will always depend on the nature of the offense and the type of substance involved. Penalties may include:
- Up to 1 year in county jail for misdemeanors and a fine up to $1,000..
- Two to five years in state prison for felonies, and a fine up to $10,000.
- Offenses involving Schedule I and II substances, such as heroin, cocaine, or methamphetamine, may result in longer sentences and higher fines under the California Uniform Controlled Substances Act.
- Probation that includes regular drug testing and compliance monitoring.
- Participation in court-ordered drug or substance abuse treatment programs may be required.
Drug Crimes Enforcement
Drug crime enforcement in Orange County often involves multiple law enforcement agencies. Local police departments in cities like Costa Mesa, Huntington Beach, and Garden Grove conduct street-level drug enforcement operations.
Law Enforcement agencies within Orange County include the Anaheim Police Department, Irvine Police Department, Huntington Beach Police Department, Costa Mesa Police Department, Fullerton Police Department, and the Buena Park Police Department.
The Orange County Sheriff's Department covers unincorporated areas and provides specialized narcotics investigation services.
The California Bureau of Narcotics Enforcement and federal agencies such as the Drug Enforcement Administration often collaborate with local authorities on larger-scale investigations involving drug trafficking organizations.
While local law enforcement may perform investigations and arrests, drug crimes are prosecuted in California state courts under state law, such as the following:
- Central Justice Center, 700 Civic Center Drive West, Santa Ana, CA 92701
- Harbor Justice Center, 4601 Jamboree Road, Newport Beach, CA 92660
- North Justice Center, 1275 North Berkeley Avenue, Fullerton, CA 92832
The Orange County District Attorney's Office handles prosecution of these cases, with specialized units dedicated to drug-related offenses. These prosecutors have extensive experience in drug cases and typically seek aggressive penalties.
California's Drug Diversion Programs
The state of California offers diversion programs for specific defendants charged with drug offenses. Penal Code 1000 and Proposition 36 are both programs that allow defendants to plead guilty and, instead of being sentenced to jail and fines, complete alternate sentence requirements and have their charges dismissed.
This can include probation, substance abuse counseling, and other minor penalties. These programs are only available to select defendants charged with drug crimes and have specific eligibility requirements.
We can help you assess the details of your case and determine whether enrollment in one of these programs is a viable option following your arrest.
Defenses Against Drug-Related Charges
Our California criminal defense attorneys may employ various defense strategies to combat the charges and advocate for the dismissal or acquittal of their clients. Perhaps we can challenge the evidence obtained through illegal searches or seizures.
Perhaps we can dispute the chain of custody or reliability of physical evidence, or question the accuracy of laboratory or field testing procedures.
Perhaps we can claim the lack of intent to sell or distribute controlled substances. We may be able to demonstrate procedural errors by law enforcement, such as invalid warrants or Miranda violations. Perhaps we can contest the credibility of confidential informants or witnesses.
If you've been accused of a drug-related offense in Santa Ana or Orange County, CA, you're facing a legal system that treats these charges with utmost seriousness.
The potential consequences of these charges underscore the urgent need for professional legal representation. Contact Cron, Israels & Stark for a free case evaluation.
Our law firm serves clients all all Orange County, CA, cities, including Aliso Viejo, Anaheim, Brea, Buena Park, Costa Mesa, Dana Point, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Los Alamitos, Mission Viejo, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Tustin, Westminster, and Yorba Linda.