Drug & Alcohol Related Offenses

California has made significant progress in recognizing substance abuse disorder as a legitimate mental health condition that can be difficult to overcome.

There are diversion and treatment programs available for low-level offenses, as well as defenses for felony-level sales charges.

If you or someone you love is facing drug or alcohol-related charges, engaging in certain types of treatment can help avoid conviction. For simple possession of controlled substances, most individuals qualify for pretrial drug diversion under Penal Code section 1000. This involves agreeing to treatment, waiving the right to a speedy jury trial, complying with pretrial conditions, and providing proof of program completion. Successful completion leads to the dismissal of charges without a conviction on record.

However, participation in drug diversion is not obligatory, and you have the option to contest the charges. I can help hold the police accountable and protect your rights. Challenging the legality of the search that led to drug discovery is a common defense for drug possession charges. I can obtain police body-worn camera video and file a motion challenging the search's legality under the Fourth Amendment, safeguarding you from unreasonable searches and seizures. If the motion is granted, the underlying drug case is typically dismissed.

Felony drug possession charges often involve allegations of possession for sale or the presence of a firearm. Having handled numerous felony drug possession cases, I know how to effectively challenge the prosecution's case. The district attorney must prove that the drugs were intended for sale, not personal use, that you were aware of the drugs, they meet the specified chemical structure, and you actually possessed them. Depending on the circumstances, one or more of these elements may be challenging for the prosecutor to prove, and I can skillfully utilize that fact in your defense.