Pasadena Drug Crimes Defense Lawyer

Facing drug charges in Pasadena can be overwhelming and frightening, and with good reason. The potential legal consequences could not only impact your future employment and housing but also strain your personal relationships. It's a situation that requires immediate attention and professional legal guidance.

Law enforcement agencies in Pasadena, including the Pasadena Police Department and the Los Angeles County Sheriff's Department, are relentless in their pursuit of drug-related offenses. This underscores the importance of having a strong legal defense on your side.

Our criminal defense attorneys defend clients with drug crime charges, like possession and drug sales.

Prosecutors in the Los Angeles County court system treat these cases with equal intensity, often seeking maximum penalties under California law.

California's drug laws are complex, and the penalties can vary significantly based on the specific offense, the type and amount of substance involved, and your criminal history.

Drug possession involves having illegal substances purely for personal use. Depending on the drug quantity and type, possession can be a misdemeanor or felony in California.

Under the possession with intent to distribute law, authorities may charge you with intent to distribute when large quantities or specific paraphernalia imply such a purpose. Circumstantial evidence can elevate a possession charge to this level.

Trafficking is the transportation or sale of controlled substances, often prosecuted at both state and federal levels, leading to severe consequences. Here's more of what you need to know below.

Enforcement for Pasadena Drug Crimes

Drug crime enforcement in Pasadena often involves multiple law enforcement agencies. The Pasadena Police Department handles most local drug cases, while the Los Angeles County Sheriff's Department may assist with larger operations, especially in unincorporated areas.

State and federal agencies may also get involved in significant trafficking cases. Investigations often include undercover operations, confidential informants, and search warrants targeting suspected drug activity, with surveillance in areas like the Rose Bowl or downtown Pasadena.

Once criminal activities are identified and charges are filed, cases are prosecuted in California state courts by the Los Angeles County District Attorney's Office. Hearings typically occur in the Pasadena courthouse or other Los Angeles County Superior Court locations.

This state trial court is an L A County Superior Court with jurisdiction over cases that take place in Altadena, Arcadia, Monrovia, Pasadena, South Pasadena, and Sierra Madre.

Controlled substances include drugs like heroin, cocaine, and methamphetamine, as well as prescription drugs lacking a valid prescription. California law enumerates many different types of drug offenses, but generally speaking, most drug crimes in Pasadena fall under one or more of the following statutes.

Possession of a Controlled Substance (HSC § 11350)

Simple possession of controlled substances, including prescription drugs without a valid prescription, is the most common drug offense in Pasadena. Under California Health and Safety Code Section 11350(a), unlawfully possessing a controlled substance is illegal.

Since Proposition 47 passed in 2014, simple possession is typically classified as a misdemeanor, punishable by up to one year in county jail. However, those with prior serious or violent felony convictions may face felony charges.

Possession for Sale (HSC § 11351)

Possession for sale is a more serious charge than simple possession. Under Health and Safety Code Section 11351, having or buying certain controlled substances with the intent to sell is a felony. This charge applies if law enforcement believes you intended to distribute drugs rather than use them personally.

Prosecutors often use evidence like large quantities of drugs, packaging materials, scales, cash, or multiple phones to prove intent to sell. A conviction can result in two to four years in state prison and fines up to $20,000.

Supplying or selling illegal substances to minors results in mandatory imprisonment and significant fines. Penalties are harsher if the crime occurs near schools, parks, or other protected areas.

California enforces sentencing enhancements for these crimes, and the minor's age plays a crucial role. Defending against these drug charges requires a thorough understanding of California's drug laws.

Sale, Transportation for Sale, Furnishing (HSC § 11352)

California Health and Safety Code Section 11352(a) prohibits transporting, importing, selling, furnishing, administering, giving away, or offering controlled substances for sale. This comprehensive statute covers various forms of drug distribution and represents a felony offense.

Some drug-related crimes, such as possession or possession with intent to distribute, are "wobblers," meaning they can be misdemeanors or felonies. The decision rests on the prosecutor, who evaluates your criminal history and prior convictions.

Manufacturing, Compounding, or Preparation of Controlled Substances (HSC § 11379.6)

Health and Safety Code Section 11379.6 prohibits manufacturing, processing, or preparing controlled substances. This felony often applies to meth labs but includes other drug production activities.

Penalties include up to five years in prison and fines of up to $50,000. Charges apply regardless of the amount produced and can result from simply possessing drug production equipment or materials.

Other Common Drug-Related Crimes

Drug paraphernalia (HS 11364)
Possess drugs while armed (HS 11370.1)
Selling methamphetamine (HS 11378)
Transport methamphetamine (HS 11379)
Cultivation of peyote (HS 11363)
Marijuana transportation (HS 11360)
Selling marijuana to a minor (HS 11361)
Possess marijuana driving (VC 23122(b))
Prescription fraud ((HS 11173)
Benzodiazepines possession (HS 11375(b)(2))
Under the influence of drugs (HS 11550)
Operating a drug house (HS 11366)
Drug money possession(HS 11370.6)
Money laundering (PC 186.10)
Money laundering drug sales (HS 11370.9)
Synthetic stimulants (HS 11375.5)
Imitation substances (HS 109575)
Drugs in false compartment (HS 11366.8)

Penalties for California Drug Crimes

Drug charges in California can carry harsh penalties and long-term consequences, depending on the type of offense and the circumstances surrounding it, such as the following:

Drug possession. The penalties for possessing illegal substances range from misdemeanor to felony levels, depending on the drug type, quantity, and past criminal record. Simple possession of a controlled substance often results in fines, probation, and mandatory treatment programs. However, possession of substances like heroin or cocaine can escalate the charge to a felony, leading to a potential jail or prison sentence.
Possession with intent to distribute. Prosecutors consider direct and circumstantial evidence, such as drug paraphernalia, packaging materials, or large quantities of drugs, to bring a charge of possession with intent to distribute. Felony penalties include harsh state prison sentences and significant fines. A possession with intent to distribute charge can also involve conspiracy allegations if multiple individuals are collaborating to distribute controlled substances.
Drug manufacturing. Producing or processing illegal substances, such as meth labs, often results in a felony conviction that carries a sentence exceeding ten 10 years when prosecutors allege you conspired with others. California has stringent laws against manufacturing, which can sometimes result in federal charges if the operation affects multiple states.
Drug trafficking. A conviction for transporting or selling controlled substances, particularly across state lines, leads to severe penalties. Trafficking convictions result in lengthy state prison terms, forfeiture of assets, and substantial fines. Drug trafficking can fall under the federal level of prosecution, where mandatory minimum sentences can apply. Prosecutors may pursue additional charges like money laundering, which may increase prison time.

Possible Enhancements for Drug Crimes

The California Uniform Controlled Substances Act provides for enhanced penalties based on the specific type of controlled substance involved.

Schedule I and II substances, including methamphetamine and cocaine, typically carry harsher penalties than Schedule III or IV substances, for example.

Prior offenses may also result in sentencing enhancements, as well as drug crimes involving the use of violence resulting in injury, the use of a deadly weapon, or drug crimes related to gang activities.

Common Defenses for Drug Crimes in Pasadena

If you are facing drug charges in the city of Pasadena or South Pasadena, several defense strategies may be available to protect your rights and challenge the case against you. An experienced Pasadena criminal defense attorney will consider the facts of your case and may use some of the following common defenses:

Illegal Search or Seizure: If law enforcement violated your Fourth Amendment rights by conducting a search or seizure without probable cause or a valid warrant, any evidence they obtained may be excluded from court.
Lack of Knowledge: Prosecutors must prove you knew about the presence of the controlled substance. If you genuinely were unaware that drugs were in your possession or vicinity, this may be a viable defense.
Lack of Intent: Particularly for charges involving intent to sell or distribute, the prosecution must prove intent. If you did not plan to sell or distribute drugs, you can challenge these elements.
Chain of Custody Issues: The prosecution must show that evidence was properly collected, handled, and stored. Breaks or errors in the chain of custody may render critical evidence inadmissible.
Mitigating Circumstances: Presenting mitigating factors such as addiction treatment, lack of criminal intent, or coercion can help reduce drug charges or sentencing for drug crime.

Contact Eisner Gorin LLP for a confidential consultation and a clear plan to protect your freedom and future.

By appointment, the law firm may meet the client at 1055 E Colorado Blvd., 5th Floor, Pasadena, CA 91106 for case preparation, strategy, and review.

Pasadena Drug Crimes