Bay Area Drug Crime Defense Lawyer
Drug Crimes
Many people believe that drug crimes aren’t as big of a deal as they were a few years ago when in reality, the penalties are still very harsh! Even something considered a “minor” drug offense could come with long-term consequences that will affect your life negatively for years.
A drug conviction could result in you losing your job or professional license, and make it difficult to find a place to live or borrow money. With this in mind, it’s worth fighting almost any drug charges – even if they seem small compared to other crimes.
The Bay Area defense attorneys at Huff Legal are knowledgeable and experienced in handling various legal challenges. We stay up-to-date on the latest changes in drug possession, trafficking and manufacturing laws to provide our clients with the best possible representation.
When you hire one of our lawyers, you can be assured that we will take aggressive action to protect your rights and demand a high burden of proof from prosecutors. You deserve to be considered innocent until proven guilty beyond a reasonable doubt—and we will make sure that happens.
WHY CHOOSE HUFF LEGAL?
- Experienced
As a former police officer and patrol supervisor and his time spent as a United States District Court Judicial Law Clerk to the Chief Judge, Attorney Huff knows how to navigate all levels of the complex criminal law system.
- Proven Track Record
At Huff Legal, we have more than 55 years of combined experience dealing with various complex criminal legal matters and have helped just over 1,500 clients. These situations can oftentimes be challenging, which is why you need a team of experts on your side to get you the outcome you deserve!
- Results Driven
When you work with Huff Legal, you can be confident we will do everything in our power to get the best results possible. Our team is results-driven and we are committed to achieving the best possible outcome for each and every one of our clients.
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Drug crimes in the Bay Area:
Drug offenses come with the possibility of being charged as either a misdemeanor or felony, depending on factors such as your criminal history, the quantity and type of drug involved, location of the crime (for example, whether it occurred near a school or playground), and other relevant circumstances.
Drug crimes in the Bay Area can include:
- Drug possession
- Drug possession with intent to distribute
- Distribution or sales
- Manufacturing of drugs
- Drug trafficking
- Unauthorized drug prescription possession and distribution
- Conspiracy
Different Types of Drug Charges
HS 11357 - Possession Of Marijuana
Unlike some other drug crimes, possession of Marijuana is classified as a “wobbler” in California, meaning it can be charged as either an infraction or a misdemeanor. However, unless you have your valid medical marijuana prescription or card on you at the time of police contact, possession of any amount of Marijuana is illegal.
Depending on the severity of your prior criminal record, the amount of Marijuana you possessed, or whether you were in possession of Marijuana on school grounds, the penalties if arrested can differ.
Marijuana possession has been decriminalized, but if you have prior serious felony convictions, possessing Concentrated Cannabis or synthetic controlled substances like “Hash” or “Spice” can be prosecuted as a California felony drug crime.
The possible punishments you face if convicted of marijuana possession are as follows:
HS 11357(a) - Possession of Concentrated Cannabis (Misdemeanor or Felony)
Any individual stopped for possession of concentrated cannabis will be punished by up to 1 year in county jail (misdemeanor) or up to 3 years in State prison (felony) and/or a fine of not more than five hundred dollars ($500)
HS 11357(b) - Possession of less than an ounce of Marijuana (Infraction)
Any individual with 28.5 grams or less of Marijuana will be punished with a fine of not more than one hundred dollars ($100)
HS 11357(c) - Possession of more than an ounce of Marijuana (Misdemeanor)
Any individual with 28.5 grams or less of Marijuana will be punished by imprisonment in a county jail for no more than six months, a five hundred dollar fine, or both.
HS 11350 - Possession Of Cocaine
Before Prop. 47, you could be arrested and charged with a felony for possessing even a small amount of cocaine in the Bay Area.
If you are caught with cocaine for personal use, it is now considered a misdemeanor drug crime. However, if you have a prior serious felony record or are a registered sex offender, the charge may be elevated to a felony.
Cocaine is an addictive controlled substance, and if you’re caught possessing it in the Bay Area, you will be prosecuted. If law enforcement also finds a loaded firearm on your person, the punishment will be even more severe.
A drug crimes attorney can negotiate drug diversion to resolve your case, but you still face penalties if convicted of cocaine possession, including:
- Up to 1 year in LA County Jail (Misdemeanor) or up to 3 years in California State Prison (Felony)
- Up to $1,000 fine (1st offense) or $2,000 fine (2nd offense)
HS 11350 - Possession Of Heroin
Heroin is classified as a schedule 1 drug by the California Uniform Controlled Substances Act because it has a high potential for abuse and dependency, both physically and psychologically. Consequently, drug offenses that involve Heroin are vigorously prosecuted and heavily penalized in the Bay Area.
Prop. 47 may have decriminalized simple possession of Heroin from a felony to a misdemeanor; however, if you have prior aggravated felonies or are registered as a sex offender, prosecutors could still pursue you with a felony charge.
In addition, many heroin possession cases include a misdemeanor charge of drug paraphernalia under HS 11364(a). This is because law enforcement often seizes smoking devices or hypodermic needles along with controlled substances.
If you are caught with heroin paraphernalia or simple possession of the drug, you may be eligible for diversion in California. However, if you are charged with intent to sell or distribute Heroin, you will face different penalties. The penalties include, but are not limited to:
- Up to 1 year in County Jail (Misdemeanor) or up to 3 years in California State Prison (Felony)
- Up to $1,000 fine (1st offense) or $2,000 fine (2nd offense)
HS 11377 - Possession Of "Meth"
According to the Controlled Substances Act, Methamphetamine is categorized as a Schedule 2 drug because it has a high potential for abuse and dependence. Therefore, being caught with or using this substance comes with very serious charges. Depending on the situation, possession of Meth can be classified as a felony or misdemeanor.
Prop. 47 has since made the majority of Meth possession cases misdemeanor drug crimes, with felony Meth possession charges only given to those people who have criminal records of serious prior felonies or are registered sex offenders.
A first-time Meth possession offense usually qualifies the offender for a drug diversion program. If completed successfully, this would help avoid any jail time and keep the person’s criminal record clean.
If you are caught with Meth, you could face the following punishments:
- Up to 1 year in County Jail (Misdemeanor) or up to 3 years in California State Prison (Felony)
- Up to a $1,000 fine
Defense Against A Drug Charge
There are a variety of defenses lawyers can use in different legal situations, depending on the charge. Attorneys who know what they’re doing will take the time to look into which ones may apply to their clients’ cases.
Remember, every crime in the Bay Area has essential elements that must be proved beyond a reasonable doubt to get a conviction. So, if we can create enough reasonable doubt about any one element, it can form the basis for a solid defense.
For example, in order to be convicted of illegal possession, many times, the individual must be aware that they are carrying a substance or device.
In some instances, police officers fail to follow the law or proper procedure during an arrest or investigation. This might include ignoring search and seizure rules, which could cause your charges to be dropped.
Contact a Drug Crime Lawyer Today!
When Facing Drug Charges, You Need Effective Representation From an Experienced Law Firm
If you have been wrongfully accused of a drug crime, the best thing you can do is hire Huff Legal. Our team of experts will work tirelessly to make sure that your charges are either dropped or minimized so that you can move on with your life with as few consequences as possible.
If you’re facing drug charges and are feeling hopeless, Huff Legal will fight for you. We have a decade of experience in representing clients throughout the Bay Area who have been charged with drug offenses.
LET HUFF HELP YOU
As a former police officer and patrol supervisor and his time spent as a United States District Court Judicial Law Clerk to the Chief Judge, Attorney Huff knows how to navigate all levels of the complex criminal law system. We also have more than 55 years of combined experience dealing with various complex criminal legal matters and have helped just over 1,500 clients over the past few years.
Why Huff Is Your Best Option For Criminal Defense
55+ Years of Combined Experience
At Huff Legal, we have more than 55 years of combined experience dealing with complex criminal legal matters, which can oftentimes be quite challenging. In order to get the outcome you deserve, you need a team of experienced attorneys on your side, who can help you navigate the legal system, so you can move past this situation and focus on the life ahead of you!
5 Star Rating on Google
We have a proven track record of success and are dedicated to our clients’ best interests. If you’re looking for a law firm that will always have your back, look no further than Huff Legal. Just have a look at some of our amazing client reviews over here!
1,500+ Happy Clients
Over the years, we’ve had the privilege of helping over 1,500 clients with their legal needs. When you work with us, you can be confident that you’re getting the best possible legal representation. We’re proud of our track record and our reputation for being a firm that delivers great results.
What Our Clients Say About Us
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