California takes drug offenses very seriously. The penalties are harsh, with prosecutors often seeking the maximum possible sentence. Even after serving a sentence, people convicted of drug crimes may face challenges as they look for housing, apply for jobs, or apply for schools.
After an arrest, it is easy to feel overwhelmed. An experienced Los Angeles drug crime lawyer from the Law Offices of Justin E. Sterling can help you assess your options and fight for the best possible outcome in your case. For more than 20 years, our team has built a track record of getting drug cases dismissed, negotiating for pre-trial diversion programs, arguing for charges to be reduced, and securing minimum sentences when the conviction is unavoidable.
Contact us today for a free and confidential evaluation of your case. A Los Angeles drug charge defense attorney from our firm can help you determine the best path forward.
Why Choose the Law Offices of Justin E. Sterling?
You deserve an honest assessment of your case and straightforward legal advice about the best possible defenses. At the Law Offices of Justin E. Sterling, we provide:
- More than two decades of criminal trial experience, with over 70 cases tried to verdict
- A respected team of investigators with law enforcement backgrounds
- Outstanding working relationships with prosecutors, district attorneys, and courts throughout the Southland criminal justice system
- Experience handling a variety of case types, from misdemeanor drug crimes to federal drug charges
- An intentionally limited caseload that allows for personalized legal representation
Please do not hesitate to get the legal advice you need after a drug arrest. Contact Drug Charge Defense Attorney today for a free review of your drug case.
What to Expect If You’ve Been Arrested on Drug Charges
If you’ve been arrested on drug charges, you likely have a lot of questions about what to expect and what your options are. Generally, a drug case will be handled with:
Arraignment
The arraignment is your first court appearance. Several preliminary matters are taken care of at the arraignment. You are informed of your rights and the charges against you. Additionally, you will be given the chance to enter a plea – guilty, not guilty, or nolo contendere. Your attorney will advise you of the best option. At this stage, the judge will also set the terms of bail.
Pre-trial diversion program
In some cases involving simple possession, you may be eligible for a pre-trial diversion program under California Penal Code 1000. This would allow you to plead not guilty and enter a drug treatment program. When you complete the program, your charges would be dismissed. Your attorney can discuss this option with you.
Pre-trial proceedings
If a diversion program is not an option, your case will move into pre-trial proceedings. Both parties will file motions and waivers, such as motions to have certain evidence suppressed. Both sides will also review all evidence during the discovery phase. At this stage, your drug defense lawyer will have a good understanding of your chances at trial. Your attorney can advise you on whether to move forward or negotiate a deal in exchange for a lighter sentence – an arrangement known as a plea bargain.
Trial
There are two kinds of trials in California: bench trials and jury trials. When most people imagine a criminal trial, they think of a jury trial where the defendant is judged by a group of peers. In a bench trial, there’s no jury in the traditional sense. Rather, sole power for deciding the defendant’s fate rests with the judge. If your case goes to trial, you will receive a verdict at the conclusion.
Sentencing
If you are found guilty, you will learn of your punishment – prison time, fines, etc. – at sentencing. The prosecution may seek a harsher sentence by presenting evidence of the crime’s consequences, such as victim impact statements. Your attorney may try to convince the judge that you are worthy of leniency, submitting evidence that you play a positive role in your community, etc.
Types of Drug Cases We Handle
Our law firm has a long track record of successfully defending people who are facing serious drug charges. We handle a variety of drug cases, including:
- Drug possession ─ Health and Safety Code 11350(a)
- Drug possession with intent to sell ─ Health and Safety Code 11351
- Drug sale and distribution ─ Health and Safety Code 11351
- Drug manufacturing ─ Health and Safety Code 11379.6
- Drug transportation or trafficking ─ Health and Safety Code 11352
- Prescription drug crimes ─ Health and Safety Code 11173
Schedule a free case review today to discuss what types of experience we have handling charges like the ones you are facing.
Our Criminal Defense Case Results
At the Law Offices of Justin E. Sterling, we know results matter. It’s your life and your future on the line. We have successfully defended individuals facing serious criminal charges, secured dismissals, not-guilty verdicts, and achieved life-changing outcomes in both state and federal courts. While every case is unique, these examples reflect our experience and commitment to justice.
DUI & Drug-Related Offenses
- DUI with Refusal Allegation – ACQUITTED
Jury deadlocked 9–3 in favor of not guilty; case dismissed. Client’s professional license protected. - Felony Drug Possession – FACTUAL INNOCENCE FOUND
Court dismissed all charges and ordered sealing and destruction of arrest records. - Drug Sales Charges – DISMISSED AFTER RECHARGING
Sales charge reduced to personal use, allowing treatment and ultimate dismissal.
Common Defenses to Drug Charges
Although police and prosecutors may act like they have an airtight case against you, there may actually be many potential defenses at your disposal. Some of the common defenses against drug charges involve:
- Unlawful search and seizure: The Fourth Amendment affords people protection from illegal searches and seizures. These protections mean the police can only go through your private property in certain circumstances. If the drugs were discovered during an illegal search, the case may be dropped.
- The drugs are someone else’s: For example, if the drugs were found in your car, you may argue they belonged to a previous passenger.
- Entrapment: It is illegal for police to coerce people into committing a crime. This is known as entrapment. For example, if an undercover police officer constantly harassed and threatened you into purchasing the drugs, this would constitute entrapment.
- You had a medical marijuana prescription: People are allowed to possess certain quantities of marijuana if it is prescribed to them by a doctor.
- Crime lab analysis: In some cases, a legal substance is mistaken for a controlled substance. An analysis may reveal that the seized substance was not an illegal drug.
- Chain of custody: After drugs are confiscated, they are taken into evidence. Like every kind of evidence, they are vulnerable to being lost, discarded, or mixed up with evidence from another case. If your defense attorney uncovers that the drugs submitted as evidence were not the ones taken from you, that may be used in your defense.
Penalties for Drug Offenses
Penalties for drug offenses can include incarceration, fines, probation, and the long-term effects of having a criminal record.
- Simple possession: A maximum jail sentence of 1 year and a fine up to $1,000
- Possession for sale: A 2-, 3-, or 4-year prison term and a maximum fine of $20,000
- Transportation of a controlled substance: A prison term of up to 9 years and a maximum fine of $20,000
- Being under the influence of a controlled substance: A jail term of up to 1 year
- Drug manufacturing: A 3-, 5-, or 7-year prison sentence and a maximum fine of $50,000
- Possession with intent to sell marijuana: Up to 6 months in jail and a maximum fine of $1,000
How Controlled Substances are Classified in California
When a person is convicted of possession of a controlled substance, their sentence depends on a few factors, one of which is the nature of the drug. The State of California treats some drugs differently from others, depending on the risk of addiction and their medicinal value.
However, because there are so many different kinds of drugs, it would be impossible to tailor a specific charge and sentence to each one. Instead, the state simply classifies drugs into one of five “schedules” or categories. Drugs in the fifth category are considered the least harmful and carry the lightest sentences. Drugs in the first category are considered the most dangerous and trigger harsher penalties.
Here’s an overview of the five categories and some of the drugs included in each:
- Schedule V: Cough syrup with low concentrations of codeine, Lomotil, Motofen
- Schedule IV: Xanax, Ambien, Valium, Tramadol
- Schedule III: Testosterone, Methenolone, Nalorphine, Ketamine
- Schedule II: Opium, Methadone, Vicodin, Morphine, Fentanyl
- Schedule I: Heroin, Pyrrolidine analog of Phencyclidine (PCP), Lysergic Acid Diethylamide, 3,4-Methylenedioxymethamphetamine (commonly known as ecstasy), Peyote, Cocaine base
Notably, California’s classification system is not only interested in the drugs themselves, but the compounds and chemicals required to make them. For example, many of the ingredients in heroin are considered controlled substances, even if they do not possess addictive or harmful qualities themselves.
Experienced Drug Crimes Lawyers in Los Angeles Ready to Fight for You
A drug crime conviction has ramifications far beyond fines and prison time. You may be forced to forfeit certain civil liberties, such as gun ownership. Additionally, it may be difficult to find a job or rent an apartment with a felony drug conviction on your record.
Thankfully, the onus is on the prosecution to prove you are guilty beyond a reasonable doubt. An experienced Los Angeles Drug Crimes attorney for drug charges in Los Angeles can craft a strong defense on your behalf.
At the Law Offices of Justin E. Sterling, we have experience handling many different types of drug cases, including possession, possession with intent to sell, manufacturing of narcotics, and drug trafficking. We fight fiercely for our clients because we understand what’s at stake for you and your family.
The Law Offices of Justin E. Sterling serve clients in Beverly Hills, Brentwood, Burbank, Century City, Los Angeles Airport, Marina Del Rey, Pasadena, Sherman Oaks, Torrance, Valencia, and Woodlands Hills. The early stages of a criminal case often have a disproportionate impact on the outcome. Call our offices today for a free initial consultation.