Drug Crimes Defense Attorney in Modesto, California

According to statistics from the FBI Uniform Crime Reporting (UCR) Program, there were 212,417 total arrests for drug abuse violations in California in 2019. In the state of California, drug crimes often include drug possession, possession with intent to sell or distribute, distribution, and manufacturing of controlled substances. A defendant convicted of any drug-related offense may face substantial fines, lengthy prison sentences, permanent criminal record, and other social ramifications.

If you are under investigation for a drug offense, it is crucial that you retain an aggressive California criminal defense attorney to outline your defense strategy. Attorney Ryan Roth is dedicated to offering comprehensive legal guidance and strong representation to individuals facing drug crimes charges. As your legal counsel, he can investigate the surrounding facts of your case and strategize an effective defense in pursuit of the best possible outcome for your unique situation. Attorney Ryan Roth will fight vigorously to defend your rights and ensure that you receive fair treatment in every phase of the legal process.

Roth Legal, A Professional Law Corporation proudly serves clients across Modesto, Stockton, Manteca, Merced, and throughout California.

Federal Drug Crimes

Both federal and state drug laws prohibit the possession, manufacture, sale, and delivery of illicit drugs and controlled substances. A drug offense becomes a federal drug crime if:

• The offender was apprehended while committing the drug crime on federal property.

• The drug offense involved other offenses, such as firearms, money laundering, or gang activity.

• An undercover federal law enforcement officer arrested the defendant.

• The drug crime crossed from one state to another (such as drug trafficking).

• Due to the surrounding circumstances, the drug offense is considered extremely serious and must be punished severely.

An experienced criminal defense attorney can evaluate your unique situation, help you understand the drug charges against you, and determine your best defenses.

Drug Charges in California

In California, an individual may be charged with any of the following drug-related crimes:

Drug Possession

Under California Health and Safety Code Section 11350, a person may be facing drug possession charges for possessing any controlled substance or narcotic drug, unless upon the written prescription of a physician, podiatrist, dentist, or veterinarian licensed to practice in this state.

Possession of Drug Paraphernalia

According to the California Health and Safety Code Section 11364, it is illegal for anyone to possess drug paraphernalia – any instrument, device, or paraphernalia used to unlawfully smoke, inject, or otherwise consume a controlled substance.

Possession with Intent to Sell or Distribute

According to California Health and Safety Code Section 11351, a person may be facing possession with intent to sell or distribute charges for having large quantities of a controlled substance in his possession, under his control or care.

Drug Distribution or Sale

Under California law (California Health and Safety Code 11379), it is illegal to sell drugs or make a living from selling or distributing controlled substances. Drug distribution or trafficking also includes the transfer, exchange, export, or import of illicit drugs. Drug trafficking is a very serious crime in California.

Drug Cultivation or Manufacturing

Pursuant to California Health and Safety Code 11379.6(a), every person who manufactures, compounds, converts, produces, derives, processes, or prepares any controlled substance is guilty of drug cultivation or manufacturing.

Drug Schedules

In the state of California, controlled substances are categorized into five “schedules.” These include:

Schedule I: These are drugs with a high potential for abuse and have no known medical use. They include opiates, opium derivatives (heroin), and hallucinogens (LSD).

Schedule II: These drugs have a high potential for abuse but have limited restrictions for medical use. They include morphine, cocaine, methamphetamine, PCP, and methadone.

Schedule III: These substances have a moderate potential for abuse but less than Schedule I or Schedule II drugs. They are strictly restricted for treatment purposes. Examples include Human Growth Hormone (HGH), codeine, and anabolic steroids.

Schedule IV: These are drugs with a lower potential for abuse compared to Schedule III drugs. They include depressants and stimulants, such as Xanax and Valium. These are permissible for medical use.

Schedule V: These are substances with an even lower potential for abuse. They are accepted for medical purposes. Examples include Robitussin AC, cough syrups, and Phenergan with codeine.

The severity of your punishment will depend on the schedule classification of the drugs, quantity, and other surrounding circumstances.

Potential Penalties

If convicted of a drug offense in California, possible penalties include:

Drug Possession: This is a misdemeanor punishable by up to one year in county jail and a maximum fine of $1,000. Your drug possession charges may be dropped after successfully completing the diversion program. However, having a previous criminal record could increase the punishment.

Possession of Drug Paraphernalia: This is a misdemeanor punishable by up to 364 days in county jail and a maximum fine of $1,000.

Drug Distribution or Sale: This is a felony punishable by three to five years in state prison and a maximum fine of $10,000. Hiring a minor to sell or distribute controlled substances or selling drugs to a minor is punishable by three, six, or nine years in state prison.

Drug Possession with Intent to Sell or Distribute: This is a felony punishable by up to four years in prison and a maximum fine of $20,000.

Drug Manufacturing: This is a felony punishable by three to seven years in state prison and a maximum fine of $50,000.

Possible Defenses

A skilled drug crimes defense attorney can investigate all of the facts of your case and craft an effective defense strategy for your unique situation. When facing drug charges in California, some possible defenses include:

• There was no possession

• Possession for personal use

• Lawful prescription

• Entrapment

• Unlawful search and seizure

• The drugs belonged to someone else

• The crime lab analysis was inaccurate

• No proof that the drugs existed

• The controlled substances were planted

• Medical marijuana exception

How Legal Counsel Can Help

Drug crimes are serious offenses that are severely punished in California. Defending yourself without experienced representation may increase your risks of suffering the maximum punishment. Therefore, when facing drug crimes allegations, retaining an aggressive and highly skilled criminal defense attorney immediately is imperative to help defend your rights and build your defense strategy.

Attorney Ryan Roth has devoted his career to handling criminal cases and defending individuals who have been wrongly accused of drug offenses. As your legal counsel, he will review every detail of your unique situation, carry out a thorough, private investigation, and craft a strong defense to fight the allegations against you.

Using his extensive experience and legal understanding, Attorney Ryan Roth will help you navigate the California criminal justice system and dispute the charges against you with factual evidence. Don’t leave your fate in the hands of a public defender. Attorney Ryan Roth can fight aggressively to defend your rights and improve your chances of a favorable outcome and better tomorrow.