Sacramento Drug Crime Attorney Charged with a drug crime? It’s not too late.

Arrested for drugs?

Drug charges range from a misdemeanor for a small amount to a felony for possession for sale or selling. Fentanyl cases are punished more harshly than they used to be, and Prop 36 made some possession cases felonies for people with prior drug convictions.

Don’t talk to police about where the drugs came from, whose they are, or what you planned to do with them. Politely say you want a lawyer and you won’t answer questions. Staying silent isn’t enough on its own; you have to say it.

Don’t talk about what did or didn’t happen with anyone else, either, and don’t write about it in texts or on social media. Many drug charges turn on what you knew, like whether you knew the drugs were there. That can be hard to prove, until it’s in a text to a friend.

Just another Tuesday case

Sacramento’s courts handle a high volume of cases compared with most neighboring counties. A drug case that would stand out in a smaller courthouse is often just another Tuesday case here.

That can work in your favor. Sometimes the best way to resolve a case is to artfully keep it routine: I steer it toward the kind of resolution the court and the DA see every day, instead of letting it grow into something bigger than it is. That isn’t possible in every case, and I can’t promise how any case will be treated. But for a first offense, it’s often worth working toward.

Not a U.S. citizen? Tell me first.

For non-citizens, drug cases are among the most dangerous. A drug conviction, even for a small amount, can lead to deportation, block a green card or citizenship, or keep you from coming back if you leave the country.

Some results that look good under California law still count as a conviction in immigration court. A program or deal that requires a guilty plea first can still hurt you, even if the case is later dismissed. A program where you never plead guilty is often much safer. Tell me at the start, before you accept any deal, and I’ll plan the whole case around it.

Possession, sales, and fentanyl

• Simple possession of a small amount for personal use is usually a misdemeanor.
• Possession for sale is a felony for most drugs. Police often base it on baggies, a scale, cash, or texts, which don’t always mean someone was selling.
• Selling or transporting drugs for sale is a felony for most drugs.
• Fentanyl. Prop 36 added longer sentences for selling or possessing larger amounts of fentanyl for sale, and added fentanyl to the felony for having certain drugs while armed with a gun.
• Cannabis. Adults 21 and older can legally have up to 28.5 grams of cannabis (about an ounce) and up to 8 grams of concentrate, and can grow up to six plants at home. Cases still come up over larger amounts, people under 21, and driving. For adults, selling cannabis or having it for sale without a license is usually a misdemeanor. Charged with a drug DUI?

Prop 36 and prior drug convictions

Under Prop 36, possessing a “hard drug” like fentanyl, meth, heroin, or cocaine can be charged as a felony if you have two or more prior drug convictions. Old convictions count, no matter how long ago. The law calls this a “treatment-mandated felony.”

You can choose treatment instead of jail or prison, but you have to plead guilty or no contest first. If you finish treatment, the charge is dismissed. If you don’t, the judge can sentence you on the felony. Treatment programs vary from county to county, and space has been limited in some places.

The prosecutor has to prove the prior convictions, and I check whether each one really counts. If you’re not a citizen, that guilty plea is a serious problem, and I plan around it.

Was the stop or search legal?

Many drug cases start with a traffic stop, a search, or both. The first question I ask is whether police had a lawful reason to stop you and a legal basis to search you, your car, or your home. If they didn’t, I can file a motion to suppress, asking the judge to throw out the evidence. If the drugs are thrown out, the prosecutor often can’t prove the case at all. A motion to suppress can win the whole case.

I get the reports, the body camera video, and any search warrant, and I review all of it myself. Video often shows things the report left out, like whether you really agreed to a search. When you hire me, you get me.

On probation with a search term?

Many people are on probation with a search condition, sometimes from an earlier case. In plain words, depending on its terms, it means police can search you, your car, or your home without a warrant and without a specific reason. There are still limits: a search can’t be arbitrary or done to harass you, and I look at whether police stayed within them.

If a drug case ends in probation, a search condition is often part of the deal. I make sure you understand what it means before you agree to anything. A new drug arrest can also lead to a probation violation in your old case, and I can handle both together.

How a drug case can end

Every case is different, and I can’t promise a result. But many drug cases can end without a conviction, and that’s where I start.

Diversion programs set by law

For many simple possession cases, California law offers pretrial drug diversion. You don’t plead guilty. You complete a drug program, and when you finish, the charges are dismissed. Not everyone qualifies: a recent drug or felony conviction, or a case involving violence, can rule you out. Other programs set by law, like mental health diversion, can fit some cases too.

Deals worked out with the DA

Even when a case doesn’t fit one of the Legislature’s programs, in Sacramento the DA and I can sometimes agree on an informal diversion deal or a deferred entry of judgment, approved by the judge. The idea is the same: you complete certain things, like treatment, classes, or community service, and stay out of trouble for a set time. In return, the case is dismissed or reduced. Some of these deals come before any plea. In others, you enter a plea first, and the case is dismissed or reduced when you finish. Community service can sometimes take the place of jail days.

These deals aren’t available in every case, and they’re never automatic. They also take time. A diversion period can add three, six, or even twelve months to a misdemeanor, and in a felony it’s usually at least six months, often a year or more. For many people, a dismissal is worth the wait. While your case is open, staying out of trouble is the thing you control that matters most.

The outcomes I work toward

• Charges dropped, or never filed.
• Evidence thrown out after an illegal search.
• A program or deal that ends in a dismissal.
• A lower charge, such as a felony reduced to a misdemeanor.
• No jail time, or community service instead of jail.
• A record you can clear later.

Treatment isn’t admitting it

Getting into treatment, counseling, or meetings on your own can make a real difference in a drug case. Some clients worry it looks like admitting the drugs were theirs. It doesn’t. I attack the case with every legal defense available, like an illegal search, and at the same time I show the prosecutor that you deserve a second chance.

Doing the work also doesn’t mean I hand it over right away. If the evidence means you shouldn’t concede anything, you can still do it so it’s ready, and I hold it back until it will help.

Earlier is usually better. Treatment you start before charges are filed, or soon after, often carries a little extra weight. So do a clean record and a steady job: showing you’re a working person who made one mistake goes a long, long way. How I build both sides of a case.

Clearing your record

When you become eligible, I typically clear your record for you at no additional charge. I don’t just wait for “automatic” relief, which often doesn’t happen. Why a clean record matters.

I charge flat fees, so you know the cost before you hire me. See my fees.

Questions