Drug Crimes Defense Lawyer San Jose
Capital Law Offices is experienced San Jose law firm in defending drug crime charges throughout California. If you or someone you know has been arrested for a drug-related offense, you will need an experienced defense attorney on your side. A drug crime is a criminal act that involves illegal activity with illegal substances such as marijuana, cocaine, crack, PCP, ecstasy, heroin, LSD, opiates, or unauthorized prescription medications.
Some of the most common drug-related crimes include, but are not limited to, the following:
One of the most common crimes related to illegal possession of a controlled substance or illegal drug. The penalties will vary depending on the amount and type of drug. For example, it is a first degree misdemeanor to have less than twenty grams of marijuana, punishable with a year in jail and a $1,000 fine.
Possession with Intent
Should the defendant have enough of a drug in their possession, as well as other paraphernalia or materials, the law enforcement may deem that they were only in possession of the drugs because they were intending to sell or distribute it. This is vastly different from possessing for personal use and will have harsher penalties.
The criminal act of cultivation refers to the growing of illegal drugs and controlled substances. For example, it is considered a criminal act of cultivation to have a "grow house" where marijuana is produced. This is known legally as "manufacture of cannabis" and is considered a third degree felony.
Similar to cultivation, manufacturing refers to the illegal production of drugs; however, this is done through heat and chemicals. For example, manufacturing cocaine of having a meth lab would be considered the manufacturing of drugs and may, depending, be a state or federally prosecuted case.
One of the most severe forms of drug-related crimes is that of trafficking – which is the selling, purchasing, manufacturing and delivering of drugs. This could be locally, across state lines or even internationally. Penalties for this can be severe and can range into the hundreds of thousands for fines, as well as jail time.
Prescription Drug Crimes
Not all drug crimes relate to drugs such as meth. In some cases, an arrest can happen for the possession or use of a perfectly legal prescription drug should it have been acquired it through illegal means, such as prescription fraud or doctor shopping.
In the state of California, the law does not take criminal charges relating to marijuana lightly. If you have recently been criminally charged, no matter what the specifics of the charge are, you will find yourself facing harsh penalties and severe consequences.
In recent years, California has become increasingly harsh with both drug crime laws and penalties. Any person who is convicted of a drug crime can expect to spend time in jail, pay large fines and attend mandatory drug and alcohol treatment. Due to the severity of the legal consequences involved, it is always advisable that a person retain the services of a knowledgeable criminal attorney once they have been charged.
If you have any questions or would like to schedule a FREE initial consultation with one of our experienced attorneys, please Contact Us online or call at (408)627-4898 today!