Drug laws in California are stringent and come with penalties that can change the trajectory of your life for the worse. There are several types of drug crimes and, outside of simple possession charges, most of them are charged as felonies, which means that convicted individuals will potentially spend up to decades in prison, not to mention be responsible for astronomical fines. 

When you are facing possible conviction for drug crimes in California, you need the help of reputable lawyers working in the areas of criminal law that can help you repudiate these charges and preserve your rights and freedoms. At Confianza Legal, we have over 20 years of experience defending residents of California against their criminal charges, and we are intimately familiar with the ways that drug charges can ruin the prospects of good citizens. 

We have gathered some of the defenses against drug infractions that we have found to be effective, and we have organized just a few of them into this blog so that you can understand some of the options that are available to you. 

Read on to learn how competent legal representation can fight on your behalf! 

Types Of Drug Charges

There are several types of drug charges, including:

  • simple possession of a controlled substance, 
  • selling a controlled substance, 
  • manufacture of a controlled substance, 
  • and trafficking a controlled substance (which generally involves ferrying drugs across state lines)

With the exception of simple possession, all of these drug infractions are typically charged as felonies. 

The best strategy for defense will depend on the specific circumstances of the charges you are facing–a defense intended for simple possession will likely not be effective for manufacturing charges and vice versa. 

These defense examples are intended to serve as an overview so that you can understand some of the arguments that are available to you and begin to recognize some of the strategies that we will employ on your behalf. 

#1. Search And Seizure Was Illegal

The Fourth Amendment of the U.S. Constitution protects you from unreasonable search and seizure of your property. In order to be legal, search and seizure requires a valid warrant or probable cause. 

If an officer of the law searches your home without a warrant, for example, it is generally presumed to be illegal unless you have given them verbal permission to search, if there is a lawful arrest, if there are exigent circumstances, or if illegal items are within plain view. There are similar laws that apply to property, such as your car, or to your person. Officers can only make these searches within the reasonable constraints of the law.

If evidence of criminal activity was obtained during an illegal search and seizure, that evidence can be suppressed during court activity, which might mean that there is little verifiable evidence with which to convict you. 

#2. You Are The Victim Of Mistaken Identity

Eyewitness error in criminal convictions is incredibly common as people are prone to mistakes in identifying others, even if they get a decent look at someone. Factors like racial bias also play a role in mistaken identification, as well as circumstances that might induce stress in the witness, such as the presence of the weapon. Many innocent people have been sent to prison for years due to false witness. 

If your case hinges on eyewitness testimony, there is a high likelihood that you have been mistaken for the real perpetrator; eyewitness accuracy is difficult to prove and, without any corroborating evidence, it is possible to get an eyewitness report thrown out or discredit them through other avenues. 

#3. You Are The Victim Of Coercion 

If you can prove that you are only guilty of a drug crime because you were coerced or threatened, you can potentially have your charges dropped. In fact, if you have only acted with criminal intent because you were threatened with bodily harm or because you were falsely imprisoned, the perpetrator can be guilty of a grave criminal offense.

This defense is especially pertinent to people in vulnerable positions, such as minors, those who have cognitive disabilities, immigrants who are being threatened due to their status, or women in abusive relationships. If you need legal protection, it is in your best interest to discuss your options with your lawyer. 

#4. The Drugs Were Planted

This argument might be difficult to prove, but there has been precedent for law enforcement or other bad actors to plant evidence to falsely convict an individual. Is it a common practice? Perhaps. It’s impossible to say whether there is a widespread occurrence. However, in our modern age, there are potentially ways to prove that evidence was planted by a hostile individual. Video evidence from ring cameras and surveillance footage might work in your favor. If you have documentation that suggests you were not responsible for the placement of the drugs, you could potentially have your charges dropped. 

#5. You Lacked Criminal Intent

Though this kind of defense can also be difficult to prove, you can potentially argue that you did not know that you were carrying any drugs or that you did not intend to distribute or traffic them. There are situations in which people can be unwittingly used as drug mules, so you might be able to argue in your defense, particularly if you have a clean record with no history of infractions, that you do not deserve to suffer the steep penalties that come with drug trafficking. 

There are other circumstances in which this defense might work, such as if you were caught with drugs while driving a vehicle owned by someone else or if you were transporting drugs under duress. 

Confianza Legal Can Help With Your Drug Case

The lawyers of Confianza Legal have been working to have the drug charges of clients dropped or reduced to lower charges for over two decades. We understand how to navigate the legal processes that are involved with drug crimes and make arguments that have the greatest chance of preserving your rights and freedoms. Reach out to schedule a free initial consultation and learn how we can fight for you.