Drug Crime Lawyer in Victorville

California Drug Charges & Potential Penalties

The charge and possible penalties depend on the drug involved, its quantity, the alleged purpose of possession, and a person’s prior record. Simple possession of narcotics is prosecuted under California Health and Safety Code 11350. Possession of methamphetamine and certain other drugs falls under Health and Safety Code 11377.

For a first-time defendant, simple possession under either statute is typically a misdemeanor. A conviction can carry up to one year in county jail and a fine of up to $1,000, although eligibility for diversion or another resolution depends on the charge and individual circumstances.

Possession for sale is more serious. California Health and Safety Code 11351 applies to narcotics, while Health and Safety Code 11378 covers certain non-narcotic drugs. Both are felonies, though the exact sentencing range depends on which statute applies; HS 11351 carries two, three, or four years, while HS 11378 carries 16 months, two, or three years. Drug distribution or trafficking convictions can involve felony terms ranging from three to nine years, substantial fines, and asset forfeiture, depending on the governing statute and facts.

The Drug Case Process in Victorville

Drug cases arising in Victorville are generally filed by the San Bernardino County District Attorney and heard in the Criminal Division of the Superior Court of California, San Bernardino County, Victorville District. The court handles arraignments, pretrial hearings, trials, and sentencing in local drug cases. At arraignment, the charges are presented and a plea is entered.

Jeffrey Bullard and Sarah Powell guide clients through each stage without handing cases to junior associates. They assess the allegations, discovery, potential motions, plea discussions, and trial issues while keeping clients informed about decisions that can affect the case.

Pretrial Diversion

Penal Code 1000 pretrial diversion may be available to eligible first-time defendants accused of simple possession, possessing drug paraphernalia, or being under the influence of a drug. Assessment generally occurs after arraignment and before trial. Successful completion of the required education or treatment program results in dismissal of the charge.

Proposition 36 Proceedings

California’s revised Proposition 36 took effect on December 18, 2024. It permits treatment-mandated felony charges in certain cases involving defendants with two or more prior drug convictions and allegations concerning fentanyl, heroin, cocaine, or methamphetamine. Eligibility and consequences depend on the current charge and complete criminal history.

Defense Issues in Victorville Drug Cases

Many local drug investigations begin with traffic stops along the Interstate 15 corridor. A drug crime attorney can examine why officers initiated the stop, how long the detention lasted, whether the search was legally justified, and how the alleged substance was found and identified.

Important issues in a drug prosecution can include:

• Unlawful searches: A suppression motion under Penal Code 1538.5 challenges an unlawful stop, detention, or search. If the court grants the motion, the resulting drug evidence may be excluded.
• Proof of possession: Under CALCRIM 2304, California’s standard jury instruction for drug possession, prosecutors must prove control or the right to control the substance, knowledge of its presence and controlled nature, and a usable amount.
• Momentary possession: Under People v. Martin, a person isn’t guilty of possession when the substance was held only momentarily for disposal, provided the person wasn’t trying to prevent law enforcement from seizing it.

The facts behind these issues rarely come from the police report alone. Video, dispatch records, witness accounts, laboratory evidence, and officer testimony can determine whether the prosecution can establish every required element.

Trial Preparation for Drug Crime Defense

We prepare every case as though it may proceed to trial, including cases ultimately resolved outside the courtroom. This preparation allows us to identify factual conflicts, challenge unsupported conclusions, and build leverage for plea negotiations or other potential resolutions. It also keeps the defense strategy responsive to the evidence rather than tied to a standard approach.

Our reported results include dismissal of felony drug possession charges. We’ve also secured dismissals for clients facing multiple serious felonies by identifying legal and factual weaknesses before trial. Past results don’t guarantee a particular outcome, but they show how closely we examine the prosecution’s case.

Our firm holds a five-star rating across more than 2,950 reviews. Clients frequently cite responsive communication, thorough explanations, and the priority given to their cases. We remain available by call or text so clients can raise questions as their cases progress.

Discuss Your Drug Charges with Our Attorneys

A prompt case review can preserve information and identify legal issues requiring immediate attention. Individuals and families seeking a drug lawyer in Victorville can reach us through our contact form or by phone. Our founding partners remain involved from the initial review through resolution.

Call (909) 771-2304 to speak with our drug crime attorneys about your defense.