San Luis Obispo Drug Crime Attorneys

Charged With Possession, Manufacturing, or Trafficking?

You may believe that California is easy on drug offenders—but the voters have just enacted tougher penalties for the possession, manufacturing, and trafficking of hard drugs. Some drug crimes are heavily punished, with penalties that include years in prison. If you are accused of any drug crime in San Luis Obispo, your first and most urgent issue is to ensure a battle-tested, experienced drug crime defense attorney represents you.

What Are the Types of Drug Crimes?

Drug Possession: Possession of hard drugs will either be treated as a misdemeanor or a felony, depending on the person’s prior drug record. If facing a third drug conviction, the prosecutor can elect to charge the crime as a felony. The person will be offered the chance to complete court-mandated drug treatment, but there is a catch: to get this drug treatment, the person will have to give up their right to fight the charge and plead either guilty or no contest to the charge. If the person successfully completes the treatment, then the charge is dismissed and the arrest will be deemed to have never occurred. It can never be used in a subsequent prosecution. However, if the person is unsuccessful at treatment or is unsatisfactorily engaging in treatment, the prosecutor can ask the judge to sentence the person to either jail or prison.
Possession with Intent to Distribute: This crime involves possessing drugs with the intent to sell. California voters enacted enhanced prison sentences for people who are convicted of distributing hard drugs. If convicted of a drug distribution offense, the person will be put on formal notice that if they distribute drugs in the future, and someone dies as a result, they could be charged with murder.
Drug Manufacturing: This crime involves the production of controlled substances, whether meth or illegal marijuana cultivation, or the manufacture of other synthetic drugs.
Prescription Drug Fraud: Prescription drug fraud may involve falsifying a prescription, attempting, or actually obtaining medications. This crime is often associated with prescription drugs such as anti-anxiety medication, ADHD medication, opioids, or anti-depressants. The individual facing charges may be dependent on the drug. You can be confident that you will be treated with respect and compassion when represented by our firm.

What Are the Penalties for Drug Crimes?

Penalties for drug crimes can be impacted by the amount of the controlled substance, a person’s criminal record, the presence of children, and other factors. The penalties imposed in a conviction may include the following:

Fines: Some drug crime convictions involve heavy fines, which increase with the amount and type of the drug. Felony drug crimes may include thousands of dollars in fines and years in state prison.
Probation: Some individuals who have been charged with a drug crime may be put on probation.
Incarceration: The amount of time a person receives, if any, depends on a number of factors. A person who is facing their first or second simple possession charge will be charged with a misdemeanor. A person facing their third or subsequent simple possession charge could be facing a felony. However, a person could receive court-mandated drug treatment in lieu of going to jail or prison. People facing manufacturing or distribution charges will be facing steep prison sentences, and those prison sentences will increase as the number of hard drugs possessed increases.
Rehabilitation Programs: For some drug offenders, the law allows them to avoid conviction through participation in state-approved drug rehabilitation programs. These options are geared to help those who are living with drug addiction to have a fresh start rather than being punished for an addiction they have been unable to control.
Loss of Second Amendment Rights: Being convicted of a felony will result in the permanent loss of being able to own or possess firearms or ammunition. If caught with a firearm or ammunition in the future, new felony charges will result.

How Can a Drug Crime Be Defended?

After an arrest for a drug crime, you must ensure you have the protections of a criminal defense lawyer with a track record of achieving favorable outcomes in challenging drug crime cases. At the Stein-Conaway Law Firm, P.C., our legal team is trial-tested and has assisted many clients to avoid terrible consequences. The types of defense strategies that could be effective include but are not limited to the following:

Illegal Search and Seizure: Every individual in America is protected by the Constitution’s Fourth Amendment, which protects against unlawful search and seizure. The Fourth Amendment protects individuals from unreasonable search and seizure. If law enforcement conducted a search without a warrant or failed to obtain evidence of probable cause, violated the search warrant, or committed any other error or violation, the evidence obtained could be challenged as inadmissible, which can lead to the charges being dismissed. Over-zealous law enforcement officers may take illegal actions, and this factor must be thoroughly investigated by your drug crime lawyer in San Luis Obispo from the Stein-Conaway Law Firm, P.C.
The Individual Was Unaware Drugs Were Present: In some cases, the defendant may have been unaware that drugs were present in property owned or controlled by the person. When many individuals share a property where controlled substances were found or were in a vehicle where drugs were found, it may be possible to challenge the prosecution’s case because the defendant was not aware that the drugs were there.
Errors in Chain of Custody: The evidence in a drug crime case must be correctly managed and documented after an arrest. In some cases, gaps in the chain of custody can be exploited in a defense case, as errors or breaks in the chain of custody can result in the evidence gathered by police being excluded from evidence.
No Intent to Distribute: In cases of possession with intent to sell, it must be proven that the defendant had planned to sell (traffic) the drugs. The amount of the drugs found by law enforcement will affect whether this charge is filed. When no other indications of intent to distribute are present, such as scales or drugs divided into portions, it can be argued that the drugs were for personal use only.
Errors in Drug Lab Results: State labs are not free from mistakes. In some cases, the accuracy of the testing methodologies can be challenged, particularly in labs that have a history of poor or faulty testing methods and procedures.
Miranda Rights Violations: When you are in a custodial setting and are interrogated, you must be advised of your Miranda Rights. If the police have you in a custodial situation and ask questions without advising you of your Miranda rights, any incriminating statements could be excluded from being used against you in trial.

Building a Strong Defense: The Stein-Conaway Law Firm, P.C.

At the Stein-Conaway Law Firm, P.C., our drug crime lawyers are smart, talented, and able to identify the flaws in the evidence in drug crimes cases to build a powerful defense case. Our approach is to fight for every possible advantage, whether to reduce charges, alternative sentencing, or achieve an acquittal at trial. Our trial attorneys collaborate on strategy to make sure every angle of defense is covered, and we treat every client with compassion, understanding, and respect.